Duggan v Reagecon Diagnostics Ltd [EAT]

• Jurisdiction: Ireland
• Court: Employment Appeal Tribunal (Ireland)
• Judgment Date: 28 September 2011
• Judgment citation (vLex): [2011] 9 JIEC 2803
• Date: 28 September 2011
• Docket Number: RP2585/2010

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. RP2585/2010

APPEAL OF:

Joann Duggan Gortreagh, Croagh, Limerick

appellant

and

Reagecon Diagnostics Limited Shannon Free Zone, Shannon, Co. Clare

respondent

Representation:

Appellant: Ms. Jane O'Flynn of John Lynch & Company Solicitors, Bridge House, South Quay, Newcastle West, Co. Limerick

Respondent: Mr. Darren O'Keeffe of James Riordan & Partners Solicitors, 50 South Mall, Cork

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal (Division of Tribunal)

Chairman: Ms. K.T. O'Mahony B.L.

Members: Mr. G. Andrews

Ms. H. Henry

heard this appeal at Ennis on 28 ^th September 2011

1 The decision of the Tribunal was as follows:-It was common case that the appellant had been made redundant in 2009. The appellant was paid a redundancy lump sum based on a 3-day working week. She was appealing the amount of this payment contending that her redundancy payment should have been calculated on the basis of a 5-day working week.

2 Summary of the Evidence

3 The appellant commenced employment with the respondent in February 1999, on a full-time basis. Following her return from maternity leave in late 2005, the claimant experienced difficulties and

4 requested a shorter working week. The respondent facilitated her request and from 3 January 2006 she began working a 3-day week. It was part of the agreement between the parties that after an initial 3-month trial period the respondent may terminate the agreement and request her return to full-time employment. The agreement was subject to review. The respondent found this arrangement unsatisfactory. In summer 2006 the claimant agreed with

5 the respondent that she would try to revert to full-time hours by September 2006. However, she submitted a medical certificate dated 20 July 2006 from her doctor indicating that she was more suited to a 3-day week "for the moment". The claimant was then absent on sick leavefrom September to early December 2006, when she returned to work on a 2-day week.

6 The respondent was not in a position to continue with the claimant on reduced hours indefinitely. The Technical Director met the appellant in mid-February to discuss this with her and gave her two letters dated 19 February 2007: one seeking confirmation from the appellant that she was fit to and would return to full-time hours by 5 March 2007 and the second, confirming to the appellant that she could have 5 weeks' parental leave from...