Lynch v Bellerophon Ltd

• Jurisdiction: Ireland
• Judgment Date: 06 March 2015
• Judgment citation (vLex): [2015] 3 JIEC 0607
• Date: 06 March 2015
• Docket Number: RP1089/2013
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. RP1089/2013

APPEAL OF:

Christine Lynch

and

Bellerophon Limited T/A Griffith College

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman: Ms. K. O'Mahony B.L.

Members: Mr D. Hegarty

Ms H. Kelleher

heard this appeal at Cork on 6th March 2015

1 The appellant claimed that her employment, which commenced on 23 September 2002, ended by reason of redundancy on 31 May 2013 and that she was entitled to a redundancy payment. The respondent contended that the claimant resigned and that her position was not redundant.

Summary of Evidence

2 The appellant was employed as a part-time language lecturer/ teacher on a series of fixed term contracts from 23 September 2002, initially working for the previous owner of the college and from 2005 for the respondent. In recent years she taught two strands: English for Academic Purposes (EAP) and English Language. Her hours of work varied. She was paid €40.00 per hour and her gross weekly pay was averaged at €347.00 per week. The claimant worked during the college year and regarded the summer holidays as a period of lay off.

3 The appellant's latest contract ended on 31 May 2013. On 27 July 2013 she sent an e-mail to the respondent's Course Director informing her that she would be back in Cork in late August 2013 but did not receive a response. On 10 September 2013 she sent an e-mail to the Head of English Department enquiring about classes with French students as she had been informed that the number of Chinese students was very low but again did not receive a response.

4 On 11 September 2013 she sought an update from the Course Director, who told her on 13 September 2013 that the respondent would not be providing EAP classes for students for thecoming year and teaching hours would not be available for her. The appellant indicated her interest in teaching hours in the English language school and the issue of her P45 was mentioned. On 16 September 2013 the appellant wrote to payroll requesting her P45 and an RP50. By way of response she was informed that it is only those who receive a statutory redundancy payment get an RP 50 and that it was not applicable in her case. On 17 September 2013 the head of the English informed the claimant that as there was only one class and that she herself was taking it. The appellant's P45 was issued. The appellant understood that her position was redundant.

5 The appellant...