Dempsey v Fusciardi

• Jurisdiction: Ireland
• Judgment Date: 12 March 2015
• Judgment citation (vLex): [2015] 3 JIEC 1201
• Docket Number: MN36/2014,RP29/2014,WT7/2014
• Date: 12 March 2015
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. RP29/2014

MN36/2014

WT7/2014

APPEAL(S) OF:

Margaret Dempsey

Appellant

and

Guido Fusciardi T/A Fusciardi's Restaurant & Take Away

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: 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 respondent gave detailed sworn evidence in this matter.

Determination:

2 The appellant worked in the respondent's fast food premises on a continuous basis since December 1973. Ownership of the premises passed from father to son in and around 2003 but this had no effect on the appellant's terms and conditions and she moved seamlessly from one employer to another.

3 In July 2013 the appellant was notified at the end of a days' business that the shop would not be opening again. Whilst there was some suggestion that the appellant knew or ought to have known that the business was experiencing difficulties and was under pressure from Revenue, there is no suggestion the appellant knew her job was in imminent jeopardy and any conversations that were held cannot constitute a formal notice such as might be required by law. The appellant therefore never worked out an acknowledged notice period.

4 In these circumstances the appellant is entitled to her statutory redundancy and her notice payment.

5 Therefore under the Redundancy Payments Acts, 1967 to 2007, the Tribunal awards a redundancy lump sum based on the following details:

Date of Birth:
Date of Commencement:	27 December 1973
Date of Notice:	''''''''
Date of Termination:	27 July 2013
Gross Weekly Pay:	€292.83

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

7 The Tribunal allows the claim lodged under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, and awards the appellant the sum of €2,342.64 (this amount being equivalent to eight weeks' gross pay.

8 The respondent acknowledged the appellant was entitled to three weeks annual leave and therefore she is awarded...