EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Jelena Ruskiha -claimant 1 UD234/2012
RP219/2012
MN237/2012
WT102/2012
Lek Charoenpol -claimant 2 UD236/2012
RP221/2012 MN239/2012
WT104/2012
Anne O'Donohue -claimant 3 UD237/2012
RP222/2012
MN240/2012
WT105/2012
Amirul Islam -claimant 4 UD239/2012
RP224/2012
MN242/2012
WT107/2012
Elaine Becton -claimant 5
UD240/2012
RP225/2012
MN243/2012
WT108/2012
Shah Alam -claimant 6 UD242/2012
RP227/2012
MN245/2012
WT110/2012
Touhid Khan -claimant 7 UD243/2012
RP228/2012
MN246/201
WT111/2012
Mohd Sukri Abd Hamid –claimant 8
UD244/2012
RP229/2012
MN247/2012
WT112/2012
Aisling Hackett –claimant 9 UD245/2012
RP230/2012
MN248/2012
WT113/2012
Kestvtis Zurzh –claimant 10 UD246/2012
RP231/2012
MN249/2012
WT114/2012
Monirul Islam– claimant 11 UD241/2012
RP226/2012
MN244/2012
WT109/2012
Suvfarana Narine – claimant 12 UD247/2012
RP232/2012
MN250/2012
WT115/2012
Bernie Fitzgerald – claimant 13 UD248/2012
RP233/2012
MN251/2012
WT116/2012
Brian Canty – claimant 14 UD249/2012
RP234/2012
MN252/2012
WT117/2012
Iwona Faron – claimant 15 UD250/2012
RP235/2012
MN253/2012
WT118/2012
Ismalia Dawo – claimant 16 UD251/2012
RP236/2012
MN254/2012
WT119/2012
Nadmun Naher – claimant 17 UD252/2012
RP237/2012
MN255/2012
WT120/2012
Islam Tajul – claimant 18 UD238/2012
RP223/2012
MN241/2012
WT106/2012
against
The West County Hotel (Ennis) Ltd (In Liquidation) -respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Lucey
Members: Ms M. Sweeney
Mr J. Flavin
heard this claim at Limerick on 13th November 2013 and 5th February 2014
Representation:
Claimants: Mr. Gerard Kennedy, SIPTU, 4 Church Street,
St. John’s Square, Limerick
Respondent: Mr. Padraic Lyons B.L. instructed by Julie O’Neill, McDowell Purcell, Solicitors, Suite 401, The Capel Building, Mary’s Abbey, Dublin 7
Background:
A number of the claimants also lodged claims against other entities (references: RP207/2012 and UD227/2012)
The claimants’ were originally employed by the respondent (which is now in liquidation). However, the claimants were informed at the end of January 2011 that their employment had transferred. It was believed that a further transfer may have occurred in August 2011 but the employees were not officially informed of this.
The Tribunal was informed on the second date of hearing that subsequent P45s and P60s had come to light since the first date of hearing which suggested that a number of re-organisations and transfers seemed to have occurred thereafter.
Determination:
The Tribunal is satisfied that there has been no break in the claimants’ service and that they have continuity of service. Accordingly, the claims under the Unfair Dismissals Acts, 1977 to 2007, the Redundancy Payments Acts, 1967 to 2007 and the Minimum Notice and Terms of Employment Acts, 1973 to 2005, are dismissed.
The Tribunal dismisses the claims under the Organisation of Working Time Act, 1997 as no evidence was adduced on behalf of the claimants in relation to these claims.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)