EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Vanessa Brennan – appellant RP371/2015
Denis Forde - respondent
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr D. Moore
Mr N. Dowling
heard this appeal at Dublin on 11th August & 11th October 2016 and 12th January 2017
Appellant: Ms Cathy McGrady BL instructed by
Patrick W McGonagle & Co. Solicitors, 3 North Street, Swords, Co. Dublin
Respondent: Warren Parkes Solicitors, Suite 317, The Capel Building,
Mary’s Abbey, Dublin 7
The decision of the Tribunal was as follows:-
The appellant commenced working on 20 August 2002. She got a letter dated 15th June 2015 to say that the business was unable to trade. At a meeting on 16 July 2015 in Rathmines the respondent said that he hoped to open a hair salon in the ILAC. On a number of occasions the appellant got a text message asking her to report for work the following Monday but on the Sunday night she got another text message to say not ready yet. She had a good relationship with the respondent and it was not unusual for the respondent to communicate by text.
On 25 August 2015 the appellant asked the respondent for redundancy but continued that she would withdraw her request if he offered her a job. She found out from facebook that the new salon had opened. She heard nothing further from the respondent.
She did not attend the first meeting arranged by the respondent. She was sick for a few days at that time and she forwarded a sick cert. When the second meeting was arranged she had already submitted her RP 9 and she was not informed of the meeting.
The appellant was not offered a position in Rathmines. The respondent did not offer her any further work. Nothing was put in writing.
The respondent DF gave evidence. He took over the concession salon from his father in law as a sole trader. There were no problems and all the employees were happy.
As soon as Clery’s closed he started looking for an alternative place to trade. He advised his employees to sign on or go to Rathmines. He thought he was doing the right thing. The appellant was not offered a place in Rathmines. It was his intention to re-employ all employees as soon as he was back in business.
The respondent’s representative suggested that the appellant did not have the required 104 weeks service to entitle her to redundancy.
The Tribunal carefully considered the evidence adduced and the documents submitted in this case. The respondent’s concession hair salon closed abruptly on 12 June 2015 when Clery’s closed. He hoped to keep his business going and continue to employ his staff. He did not offer the appellant further employment. In the absence of evidence to the contrary the Tribunal accepts the appellant’s starting date of 20 August 2012 and accordingly finds that she is covered by the terms of the Redundancy Payments Acts 1967 to 2007.
The Tribunal is satisfied that a redundancy situation existed in this case. The appellant is awarded a redundancy lump sum, under the Redundancy Payments Acts 1967 to 2007, based on the following information:
Date employment started: 20 August 2012
Date employment ended: 12 June 2015
Gross weekly wages €339.81
This award is made subject to the appellant having been in insurable employment during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal