EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Sharon Hanaphy – appellant RP363/2015
Against
Denis Forde - respondent
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 & 11th October 2016 and 12th January 2017
Representation:
Appellant: Ms Cathy McGrady BL 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 working on 10 November 1999. She was told shortly after Clery’s closed that the business was still trading and that the respondent would try to pay the staff. She signed on for social welfare benefits.
She did not attend the first meeting arranged by the respondent. She was sick for a few days at that time and she forwarded a sick cert. When the second meeting was arranged she had already submitted her RP 9 and she was not informed of the meeting.
The appellant was not offered a position in Rathmines. The respondent did not offer her any further work. Nothing was put in writing.
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 not offered a place in Rathmines. He did not receive a cert from the appellant at the time of the first meeting.
It was his intention to re-employ all employees as soon as he was back in business.
Determination
The Tribunal carefully considered the evidence adduced and the documents submitted in this case. The respondent’s concession hair salon closed abruptly on 12 June 2015. He hoped to keep his business going and continue to employ his staff. He did not offer the appellant further employment.
The Tribunal is satisfied that a redundancy situation existed in this case. The appellant is awarded a redundancy lump sum, under the Redundancy Payments Acts 1967 to 2007, based on the following information:
Date employment started: 10 November 1999
Date employment ended: 12 June 2015
Gross weekly wages €380.00
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)