EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Dagmara Laskawiec
RP598/2014
against
Professional Sports Med Limited T/A Healthwise
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. Clancy
Members: Mr T. Gill
Mr D. Mcevoy
heard this appeal at Limerick on 10th March 2016
Representation:
Appellant:
Mr Gary Keogh, Gary Keogh & Co, Solicitors, 57 O'Connell Street, Limerick
Respondent:
Mr. John McNamara,
John McNamara & Associates, Solicitors, 28 O'Curry Street, Limerick
Background:
The appellant commenced employment with the respondent on 1st July 2008 and was dismissed by way of redundancy on 14th June 2014.
It was common case that the appellant’s job was redundant when the respondent ceased trading on 14th June 2014 and that the appellant was entitled to a redundancy lump sum. According to the Companies Registration Office the respondent’s status is normal. However the respondent’s representative told the Tribunal that the company is no longer trading.
A former director of the respondent took over the business previously carried out by the respondent but there was no position available to the appellant because whereas there were two receptionists with the respondent (the appellant being one of these) the new owner only required one receptionist.
Determination
Having considered the evidence adduced at the hearing the Tribunal awards the appellant a lump sum redundancy payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.
DOB | N/A |
Commencement Date | 1st July 2008 |
Date notice received | N/A |
Termination date | 14th June 2014 |
Gross pay | €300.00 per week |
This award is made subject to the claimant having been in insurable employment, during the relevant period, in accordance with the Social Welfare Acts.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)