EMPLOYMENT APPEALS TRIBUNAL
St. Brigid's College Callan
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr N. Russell
Members: Mr J. Hennessy
Ms S. Kelly
heard this appeal at Kilkenny on 9th June 2016
The appellant in Person
Having considered the evidence given before the Tribunal and documents submitted the Tribunal concludes as follows:-
The Claimant was on “Lay Off” as defined in Section 11 of the Redundancy payments Act 1967 from the 8th June 2015 and was given Notice to that effect by her Employer. The consensus of both Parties was that the Claimant was on “Lay Off” from the 8th June notwithstanding that there was a written and signed Contract of Employment providing for termination on the 7th June.
The Claimant gave Notice of Intention to claim in writing on the 24th July 2015 and advised by telephone on the 27th July 2015 that this Notice had been given. The Tribunal is satisfied that Notice was given in compliance with Section12(1) of the Redundancy Payments Act 1967
The Employer in this instance did not give the Counter Notice provided for at Section 12 (2) of the Redundancy Payments Act 1967 within the specified period.
The Tribunal has considered the Notice of Intention of the 24th of July 2015 in the context of the Notice requirement. As it is the consensus of the Parties that the Claimant was on lay-off from the 8th of June 2015, it is the Tribunal’s view that this constituted an extension of her existing Contract of Employment (and the terms and conditions of same) notwithstanding that it was envisaged that this would terminate on the 7th June 2015. The Contract of Employment provides that an Employee must give 4 weeks notice of termination of employment. Unless the notice period is waived by the Employer. It was not waived in this instance.
As the Claimant had taken up new employment on the 10th August (prior to the expiration of the notice period) she has no entitlement to a Redundancy payment from the Respondent.
The Tribunal determines that the Claimant is not entitled to a Redundancy payment in this instance.
Sealed with the Seal of the
Employment Appeals Tribunal