EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP299/2015
APPEAL(S) OF:
Karina Banasik
against
Grin Killlavullen Service Station Limited
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O’Mahony BL
Members: Mr. D. Hegarty
Mr. J. Flavin
heard this appeal in Cork on 28 July 2016
Representation:
_______________
Appellant(s): No legal or trade union representation
Respondent(s): No attendance or representation
The decision of the Tribunal was as follows:-
The Tribunal notes that the respondent did not notify it of any change of address. Accordingly, the Tribunal is satisfied that the respondent was duly notified of this hearing.
Appellant’s Evidence
The appellant commenced employment in June 2006 with the previous owner of the business. The business was taken over by the respondent in or around October2014 and the claimant continued in her role as shop assistant with the respondent, without a break in service. The appellant worked an average of 36 hours per week and was paid €10.00 per hour.
The appellant was off work from 24 March 2015 due to having a back .problem. She submitted medical certificate to the respondent covering her absence from then up until 28 April 2015. On 27 April 2015 the appellant informed the manager of the respondent that she was fit to return to work as and from 28 April 2015. On a number of other occasions the appellant enquired about returning to work and at the manager’s request she submitted a return to work certificate on 11 May 2015. The manager did not respond to the appellant’s other attempts to obtain hours of work. The owner of the business neither answered nor responded to the appellant’s final attempt to resume work with the respondent. On 26 May 2015 and 9 June 2015 the appellant respectively served Form RP9 and Form RP77 on the respondent, seeking a redundancy lump sum payment, to no avail.
The respondent lodged Form T2 with the Tribunal on 31 July 2015 in response to the appellant’s claim under the Redundancy Payments Acts. In it the owner denied making the appellant redundant.
Determination:
Having considered the appellant’s oral evidence to the Tribunal, it finds that there was a redundancy situation, within the meaning of section 9(c) of the Redundancy Payments Acts 1967 to 2007, in the employment. It awards the appellant a redundancy lump sum under the Acts, based on the following facts:
Date of commencement: 26 Jun 2006
Date of termination: 27 Apr 2015
Gross weekly pay: €360.00
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)