RP733/2014, MN655/2014

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                       CASE NO.

Magadalena Slusarczyk                                                                        RP733/2014

                                                                                                                 MN655/2014

Against

Antonio Secondino T/a Riva

under

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:   Dr. A. Courell B.L.

Members:     Mr. D. Morrison

Ms. R. Kerrigan

heard this appeal at Letterkenny on 13th January 2016

Representation:

_______________

Appellant:             Ms Siobhan McLaughlin, Citizens Information Centre, Public

                              Services Centre, Drumlonagher, Donegal Town, County Donegal

Respondent:         Mr. Joseph Keyes, Kilfeather Keyes Solicitors, 12 Market Street, Sligo

Background:

The appellant gave evidence of commencing employment on 20^th March 2012 and working 25/30 hours per week. She told the Tribunal that there was never any mention of working at any other location. She signed terms and conditions of employment which outlined the place of work as being two locations in 2013 and 2014. She asked the employer about the second location and was told it was where the business was registered. On Wednesday 23^rd July 2014 the appellant was told by the respondent that the business in Ballyshannon was not sustainable and would close on the following Sunday evening but that he would have some hours at his other business in Grange and for her to consider it. He then sent her a roster for his business in Grange, Co Sligo (a driving distance of some 20/25mins) giving her hours for the following week.

She attended Grange on the Monday and Tuesday but found the location unsuitable and too far for her to travel. She advised her employer that it was too inconvenient in a telephone call and some time later requested her redundancy. It is the appellant case that her place of employment was Ballyshannon, it ceased to operate and therefore she is entitled to redundancy.

It is the respondent’s case that suitable alternative employment was provided to the appellant, he had discussed the closure of Ballyshannon in advance of the 23^rd July and had even asked if the staff were interested in leasing the premises.

Determination:

It is common case that the terms and conditions given to and signed by the appellant contained both locations and that the distance amounted to an additional seven mile journey. There had been a good working relationship between both parties and it was the evidence of the employer that he tried to accommodate the appellant with hours of work.

The Tribunal finds that the respondent acted reasonably and within the terms of the appellant’s employment contract and that the appellant resigned from her position. The appeal under the Redundancy Payments Acts, 1967 to 2007 and the Minimum Notice and Terms of Employment Acts 1973 to 2005 are therefore dismissed.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)