EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD1741/2014
RP124/2015
MN157/2015
CLAIMS OF:
Fiona Hanlon
-claimant
Against
Ray Tyrrell, RVB Shandon Cabs Limited
-respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
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 D. McEvoy
heard this appeal at Cork on 9th February 2016
Representation
_______________
Claimant: Mr Noel Murphy, Independent Workers Union, 55 North Main Street, Cork
Respondent: In Person
The claim under the Unfair Dismissals Acts 1977 to 2007 was withdrawn at the outset.
Summary of Evidence
The appellant worked as a phone operator for the respondent company, commencing on 03 September 1999. In January 2013 the appellant went on sick leave and returned to work on 23 July 2013. The appellant worked until 31 December 2013 when she went on sick leave, she did not work again for the respondent and remains unavailable for work.
The respondent company closed down on 08 September 2014. The respondent met with the employees on that date and informed them of the closure but informed the appellant by way of letter as she was on sick leave. The business remains closed.
Determination
The Tribunal is satisfied that the appellant was dismissed by reason of redundancy. It awards the appellant a lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following details:
Date of commencement: 03 September 1999
Date of termination: 08 September 2014
Gross weekly pay: €400.00
Non-reckonable service: 09 March 2014 to 08 September 2014 (paragraph 8(b) of Schedule 3 as substituted by section12 of the 2003 Act)
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
As the claimant was unavailable to work the claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 is dismissed.
The claim under the Unfair Dismissals Acts1977 to 2007 those Acts was withdrawn.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)