EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Donna Murray RP734/2014
MN656/2014
Against
Antonio Secondino T/a Riva Foods
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Dr. A. Courell B.L.
Members: Mr. D. Morrison
Ms. R. Kerrigan
heard this appeal at Letterkenny on 13th January 2016
Representation:
_______________
Appellant: Ms Siobhan McLaughlin, Citizens Information Centre, Public
Services Centre, Drumlonagher, Donegal Town, County Donegal
Respondent: Mr. Joseph Keyes, Kilfeather Keyes Solicitors, 12 Market Street, Sligo
Background:
The appellant gave evidence of dropping off her CV to a new takeaway shop being opened in Ballyshannon Co Donegal, She was successful with her interview and commenced employment February 2012, initially full time and then a three day week. She signed terms and conditions of employment which outlined the place of work as being two locations in 2013 and 2014.
A work colleague told her on Wednesday 23rd July 2014 that the business was closing the following Sunday. There were whispers of the closure so it didn’t come as a complete shock to her. She told the Tribunal that she then got a text on Sunday evening confirming her roster for Grange, a distance of some seven miles further away. She didn’t drive and public transport did not operate on her rostered, so replied saying “ regretfully the shifts didn’t suit and she would have to make today 27th her last, thanking the employer for everything and wishing him luck. She also added that she would be available for a few days while the Fleadh Ceoil was in Sligo if he needed her.
It is the appellant case that her place of employment was Ballyshannon, it ceased to operate and therefore she is entitled to redundancy. It is the respondent’s case that suitable alternative employment was provided to the appellant, he had discussed the closure in advance and had even asked if the staff were interested in leasing the premises.
Determination:
It is common case that the terms and conditions given to and signed by the appellant contained both locations and that the distance amounted to an additional seven mile journey. There had been a good working relationship between both parties and it was the evidence of the employer that he tried to accommodate the appellant with hours of work.
The Tribunal finds that the respondent acted reasonably and within the terms of the appellant’s employment and that the appellant resigned from her position. The appeal under the Redundancy Payments Acts, 1967 to 2007 and the Minimum Notice and Terms of Employment Acts 1973 to 2005 are therefore dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)