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:
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
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.
Summary of the Evidence
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
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
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.
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...
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