Bebnowski v Valdora International Ltd

• Jurisdiction: Ireland
• Court: Employment Appeal Tribunal (Ireland)
• Judgment Date: 12 March 2015
• Judgment citation (vLex): [2015] 3 JIEC 1202
• Docket Number: RP35/2014
• Date: 12 March 2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. RP35/2014

APPEAL(S) OF:

Marek Bebnowski

Appellant

and

Valdora International Limited T/A Culture

Respondent

Representation:

Appellant(s): In Person

Respondent(s): In Person

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman: Ms. P. McGrath BL

Members: Mr. D. Peakin

Mr. T. Brady

heard this case in Dublin on 12^th March 2015

The decision of the Tribunal was as follows:-

1 Both the appellant and the owner of the respondent company gave sworn evidence in this matter.

Determination:

2 The Tribunal is satisfied that the company known as VIL (respondent) took over the shops as going concerns in and around April 2011. At that time the appellant was working with the previous owner of the shop, the company known as HPL.

3 The Tribunal recognises that a transfer of undertakings situation arose which obliges the respondent to take on the employees with their service intact. The appellant gave uncontested evidence of continuity of service and indicated the shop in which he worked was open for business at all times. The witness on behalf of the respondent could not contradict this evidence and his understanding of the status quo in April 2011 is vague.

4 The Tribunal therefore finds the appellant is entitled to a redundancy payment, under the Redundancy Payments Acts, 1967 to 2007, based on the following details:

Date of Commencement:	12 May 2008
Date of Notice:	26 September 2013
Date of Termination:	10 October 2013
Gross Weekly Pay:	€490.00

5 This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.