EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Aisling Hurley RP16/2015
against
Creative Furniture Portlaoise Limited
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. Clancy
Members: Mr D. Hegarty
Ms. P. Doyle
heard this appeal at Limerick on 4th April 2016
Representation:
_______________
Appellant: In person
Respondent: Company Managing Director in person
Background:
The appellant gave evidence of receiving notice of redundancy (regret of closure of the business) on 7th November 2014 with a termination date of 5th December 2014. On her last day of work she received a phone call from the employer asking if she could come in for an extra few days, maybe up to 19th December. He told her that he needed to know immediately and the appellant (who had already made other arrangements) agreed to do so after a telephone conversation with her husband. She sent an e-mail to managing director on 10th December seeking her redundancy payment and seeking new written contractual arrangements for future work. He replied that he was in the UK, would ask his accountant for advice and would revert to her in due course. She then received a roster for the month of December and was later told by a work colleague that she may be needed in January 2015.
The appellant sought advice, sent the respondent an RP77 and requested her redundancy and her P45. The respondent told her she was not being made redundant and that work would still continue, her job was still there. The appellant told the Tribunal that the notice letter of 7th November was never withdrawn.
The managing director told the Tribunal that the business was making a loss and he had to make a decision on what to do. It was a difficult time and he was in discussions with lease holder and franchiser but had to advise the staff of a possible redundancy and closure. He issued notice of termination of employment by reason of redundancy on 7th November to two employees but continued to fight to save the business. At the last minute the franchiser gave him 6 months for free and he hoped to keep the business going for everyone’s sake. He spoke to his accountant, a new roster was drawn up for January but the appellant did not attend for work. He did not withdrawn the original letter giving notice or provide a new contract to the appellant but said he didn’t have funds for legal advice and if that’s what he is guilty of “so be it”.
Determination:
Having considered the evidence adduced the Tribunal is satisfied that the appellant was dismissed by way of redundancy. In making this determination the Tribunal considered the relevant Acts and in particular section 9 2 (b) of the Redundancy Act, 1967
- 2(b)
“ the renewal or re-engagement is in pursuance of an offer in writing made by his/her employer before the ending of his/her employment under the previous contract, and take effect either immediately on the ending of that employment or after an interval of not more than four weeks thereafter.”
Accordingly the Tribunal awards the appellant a redundancy lump sum under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.
Date of Commencement: 4 July 2006
Date of Termination: 05 December 2014
Gross Weekly Pay: €362.30
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)