EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Barbara Shalloo RP346/2015
against
Denis Forde
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr D. Moore
Mr N. Dowling
heard this appeal at Dublin on 11th August 2016, 11th October 2016 and 12th January 2017
Representation:
Appellant : Ms Cathy McGrady B L instructed by
Patrick W McGonagle & Co, Solicitors, 3 North Street, Swords, Co Dublin
Respondent : Warren Parkes Solicitors, Suite 317, The Capel Building,
Mary's Abbey, Dublin 7
The decision of the Tribunal was as follows:
Appellant’s Case
The appellant commenced employment in February 2001 with respondent and held the position of assistant manager in a hairdressing salon in Clery’s department store. The current respondent took over the appellant’s employment in February 2015 under a transfer of undertaking exercise. At that time and subsequent to it she was absent from work on certificated sick leave. Apart from external sources the appellant did not hear from the respondent until 24 June 2015 that her employment had ceased due to the sudden and unexpected closure of Clery’s.
In compliance with legislation the appellant furnished the respondent a note and an RP9 form applying either for a redundancy payment or an offer of thirteen weeks employment within four weeks of her application for redundancy. The appellant’s application was made and submitted on 13 July 2015. The appellant found herself unable to attend a meeting with the respondent in mid-July due to pressing domestic issues. As a second meeting was diaried when she considered herself an ex-employee she felt no need to attend it.
This witness told the Tribunal she did not receive a call from her earlier employer following the closure of the department store and work was neither offered nor provided to her following the submission of her application for redundancy.
Respondent’s Case
The respondent DF gave evidence. He took over the concession salon from his father-in-law as a sole trader. There were no problems and all the employees were happy.
As soon as Clery’s closed he started looking for an alternative place to trade. He advised his employees to sign on or go to Rathmines. He thought he was doing the right thing. The appellant was on sick leave and was not offered a place in Rathmines.
He wrote to the appellant on 24 June 2015 to inform her that he was unable to employ her at this time. When she issued him with an RP 9 on 13 July 2015 he replied that he reasonably expected to able to provide her with employment of no less than 13 weeks starting on 17 August 2015. She did not contact him. He wrote to her again on 30 July 2015 to offer her suitable alternative employment from 31 August 2015.
Determination
The Tribunal carefully considered the evidence adduced and the documents submitted in this case. It is common case that the hair salon closed unexpectedly on 12 June 2015 due to circumstances outside the control of the respondent. The respondent immediately began searching for new premises from which to conduct business.
The Tribunal is satisfied that the appellant’s employment came to an end as a result of redundancy and awards her a redundancy lump sum under the Redundancy Payments Acts, 1967 to 2007, based on the following information:
Date employment commenced: 04 February 2001
Date employment ended: 12 June 2015
Gross weekly wages for redundancy award: €508.00
This award is made subject to the appellant having been in insurable employment during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)