Wilczynska v Wecater Ltd
Jurisdiction | Ireland |
Judgment Date | 30 May 2014 |
Judgment citation (vLex) | [2014] 5 JIEC 3008 |
Docket Number | RP820/2013 & MN610/2013,RP822/2013 & MN612/2013,RP828/2013 & MN618/2013,RP179/2013 & MN595/2013,RP803/2013 & MN599/2013,RP970/2013 & MN716/2013,RP829/2013 & MN619/2013,RP823/2013 & MN613/2013,RP39/2013 & MN622/2013,RP826/2013 & MN616/2013,RP32/2013 & MN591/2013,RP824/2013 & MN614/2013,RP825/2013 & MN615/2013,RP827/2013 & MN617/2013,RP976/2013 & MN719/2013,RP821/2013 & MN611/2013,MN620/2013,RP804/2013 & MN600/2013 |
Date | 30 May 2014 |
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
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
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.
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.
In relation to the other appellants the Tribunal considered the definition of Redundancy under the Acts and in particular Section 7.
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-
(b) he was an employed...
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