EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Christina Ryan-appellant 1 RP181/2012
MN194/2012
WT59/2012
Ross Quin -appellant 2 RP180/2012
MN193/2012
WT58/2012
Masud Moniruzzaman -appellant 3 RP182/2012
MN196/2012
WT60/2012
Kieran Keating -appellant 4 RP183/2012
MN197/2012
WT61/2012
Altaf Khan -appellant 5 RP167/2012
MN180/2012
WT45/2012
Justin Waters -appellant 6 RP168/2012
MN181/2012
WT46/2012
Agata Schafer-appellant 7 RP169/2012
MN182/2012 WT47/2012
Reelika Miina -appellant 8 RP170/2012
MN183/2012
WT48/2012
Alberto Sevillo-appellant 9 RP171/2012
MN184/2012
WT49/2012
Ulle Kruus-appellant 10 RP172/2012
MN185/2012
WT50/2012
Nichakorn Homkajorn -appellant 11 RP173/2012
MN186/2012
WT51/2012
Elina Mutta -appellant 12 RP178/2012
MN191/2012
WT56/2012
Irina Kobin -appellant 13 RP174/2012
MN187/2012
WT52/2012
Vanessa Bastos -appellant 14 RP179/2012
MN192/2012
WT57/2012
Berit Dietrich -appellant 15 RP175/2012
MN188/2012
WT53/2012
Kevin Cassidy-appellant 16 RP176/2012
MN189/2012
WT54/2012
Edyta Vednorz-Karwat –appellant 17 RP177/2012
MN190/2012
WT55/2012
against
The West County Hotel (Ennis) Limited (In Liquidation) –respondent
under
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 appeal at Limerick on 13th November 2013 and 5th February 2014
Representation:
Appellants: Mr. Gerard Kennedy, SIPTU, 4 Church Street,
St. John’s Square, Limerick
Respondent: Mr. Padraic Lyons B.L. instructed by Ms. Julie O’Neill,
McDowell Purcell, Solicitors, Suite 401, The Capel Building, Mary’s Abbey, Dublin 7
Background:
A number of the appellants lodged additional claims under references: UD227/2012 and RP192/2012.
Please note the appeals of appellant 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16 and 17 were withdrawn during the hearing by the appellants’ representative on 5 February 2014.
The Tribunal heard that the remaining appellants’ were originally employed by the respondent. However, the appellants were informed in late 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 appellants’ service and that they have continuity of service. Accordingly, the appeals under 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 appellants’ in relation to these claims.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)