EMPLOYMENT APPEALS TRIBUNAL
Niall Fitzsimons & Co. (Colm Clarken) T/A Niall Fitzsimons & Co
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. S. McNally
Members: Mr. D. Hegarty
Mr J. Flavin
heard this appeal in Cork on 17th February 2016 and 18th April 2016
No legal or trade union representation
No legal representation
The decision of the Tribunal was as follows:-
The Redundancy Appeal
A redundancy appeal was received in respect of an employment that commenced in May 1993 and ended in July 2013. It was alleged that there had been employment at forty hours per week and subsequently employment at twelve hours per week.
The respondent’s position was that the appellant had worked as secretary/receptionist from February 1994 till August 1996 when she was dismissed by NIF and replaced by another secretary.
The engineering department was managed by NIF and the accounts department was managed by NOF.
After the departure of NIF’s secretary in 1997 the appellant was again hired at the recommendation of NOF but, due to ongoing personal issues, was once more dismissed by NIF and replaced by another secretary.
The respondent emphasised that at no point in the period described had the position of secretary/receptionist been redundant.
Subsequently, the appellant was hired periodically as the occasion arose to do some casual work in the accounts department such as archiving and filing.
The appellant was on social welfare and had applied for disability benefit. She sent a letter to NOF requesting a reference stating that she had worked for the respondent for seventeen years. NOF duly obliged but this was denied and it was pointed out that NOF was suffering the onset of senile dementia such that she was subsequently made a ward of court.
The respondent closed its defence by stating that the appellant’s casual work arrangement had been discontinued due to her incapacity to work.
The Tribunal was not satisfied that there had been a genuine redundancy for which the appellant had made a redundancy appeal within the legal time limits.
The appeal under the Redundancy Payments Acts, 1967 to 2007, is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal