EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP819/2014
APPEAL OF:
Helen Collins
against
Gary Service, C/O Secret Recipe
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K. T. O'Mahony B.L.
Members: Ms M. Sweeney
Mr O. Wills
heard this appeal at Cork on 13th April 2016
Representation:
Appellant : In person
Respondent : In person
The decision of the Tribunal was as follows:
Summary of Evidence
The appellant commenced employment with the previous owner of the business (the company on 5 August 2011). Members of staff were interchangeable between two business outlets. The claimant was absent from work from 14 April 2013 due to having an operation. By letter of 18 September 2013 the respondent informed her that the Douglas Eatery where she had been working prior to her absence was closed down and she was being put on lay-off. Her employment was ultimately terminated on 9 December 2013.
Determination
The Tribunal is satisfied that the appellant’s employment with respondent was terminated by reason of redundancy. Accordingly, the appeal under the Redundancy Payments Acts, 1967 to 2007 is allowed and the appellant is awarded a lump sum payment under those Acts, and based on the following:
Date of Commencement: 5 August 2011
Date of Termination: 9 December 2013
Non-Reckonable Service 19 September 2013 to 9 December 2013
Gross Weekly Wage: €106.09
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)