Wilczynska v Wecater Ltd

• Jurisdiction: Ireland
• Judgment Date: 30 May 2014
• Judgment citation (vLex): [2014] 5 JIEC 3009
• Date: 30 May 2014
• Docket Number: RP804/2013 & MN600/2013,RP803/2013 & MN599/2013,RP825/2013 & MN615/2013,RP976/2013 & MN719/2013,RP39/2013 & MN622/2013,RP828/2013 & MN618/2013,RP820/2013 & MN610/2013,RP179/2013 & MN595/2013,RP823/2013 & MN613/2013,RP824/2013 & MN614/2013,RP829/2013 & MN619/2013,MN620/2013,RP32/2013 & MN591/2013,RP821/2013 & MN611/2013,RP970/2013 & MN716/2013,RP827/2013 & MN617/2013,RP822/2013 & MN612/2013,RP826/2013 & MN616/2013
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

RP32/2013 & MN591/2013

RP39/2013 & MN622/2013

RP179/2013 & MN595/2013

RP803/2013 & MN599/2013

RP804/2013 & MN600/2013

RP820/2013 & MN610/2013

RP821/2013 & MN611/2013

RP822/2013 & MN612/2013

RP823/2013 & MN613/2013

RP824/2013 & MN614/2013

RP825/2013 & MN615/2013

RP826/2013 & MN616/2013

RP827/2013 & MN617/2013

RP828/2013 & MN618/2013

RP829/2013 & MN619/2013

MN620/2013

RP970/2013 & MN716/2013

RP976/2013 & MN719/2013

APPEAL(S) OF:

Hanna Wilczynska

appellant 1

Marcelina Orlikowska

appellant 2

Ruslan Todorchuk

appellant 3

Susan O'Connor

appellant 4

Fiona Wickham

appellant 5

Martina O'Reilly

appellant 6

Maria Rice

appellant 7

Katarzyna Maj

appellant 8

Eimear Tyrell

appellant 9

Sinéad Tyrell

appellant 10

Kerry Mimpress

appellant 11

Ana Nistor

appellant 12

Marzena Dutka-Smetek

appellant 13

Sarah O'Brien

appellant 14

Lucian Simion Nistor

appellant 15

Cosmin Costina

appellant 16

Lesley Bates

appellant 17

Crina Delia Popa

appellant 18

and

Wecater Limited T/A Cappuccinos (In Liquidation) -respondent

Representation:

Appellants: The appellants were present in person with the exception of appellants 12, 14, 15, 16 and 18. For these appellants there was no appearance or representation.

Respondent: No appearance or representation on behalf of the liquidator.

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman: Mr. T. Ryan

Members: Mr J. Browne

Mr F. Dorgan

heard this appeal at Wexford on 30th May 2014

Background:

1 The appellants were employed by the respondent in various roles and from various dates. It wasthe appellants' evidence that they were informed on Tuesday, 28 August 2012 that the premises was closing for renovation. The appellants knew nothing further until they were told to return to the premises three days later. The appellants continued to carry out the same roles, and in the same location. They were unsure as to the identity of their employer but thought perhaps they were working for the liquidator. In October 2012 they believed the respondent was taken over by another company. They were informed that the liquidator of the respondent company would complete the relevant paperwork and RP50s on their behalf.

Determination:

2 The Tribunal dismisses the appeals by appellants 12, 14, 15, 16 and 18 under the Redundancy Payments Acts, 1967 to 2007 ("the Acts") and the Minimum Notice and Terms of Employment Acts, 1973 to 2005, for want of prosecution.

3 In relation to the other appellants the Tribunal considered the definition of Redundancy under the Acts and in particular Section 7.

4 Section 7.1. An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short time for the minimum period, shall, subject to this Act, be entitled to the payment of monies, which shall be known (and are in this Act referred to) as redundancy payment provided-

(a) he has been employed for the requisite period, and

5 (b) he was an employed...