EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
RP340/2012
Employee - appellant
against
Employer - respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. E. Daly B.L.
Members: Mr. D. Morrison
Ms. R. Kerrigan
heard this appeal at Donegal on 13th June 2013
and 1st October 2013
Representation:
Appellant(s) : Paddy Hannigan Citizens Information Centre, Public Services Centre,
Blanry Road, Letterkenny, Co. Donegal
Respondent(s) : Mr. Aidan Phelan, Peninsula Business Services (Ireland) Limited, Unit 3,
Ground Floor, Block S, East Point Business Park, Dublin 3
The decision of the Tribunal was as follows:-
Background:
The appellant was employed from the 12th June 2000. The appellant submitted an RP9 form dated the 20th February 2012. This would have been received by the respondent on the 21st of February 2012. The respondent countersigned the RP9 form on the 28th February 2012 stating there would be work for the appellant from the 20th March 2012. The appellant lodged his claim for redundancy with the Employment Appeals Tribunal on the 2nd March 2012 but the form was dated the 28th February 2012.
Determination:
The Tribunal have carefully considered the submissions and sworn evidence adduced. Part C of the RP9 form states:
“Notification in respect of this part must be in writing and must be given to the employee within seven days of service of the employee’s notice”
The appellant submitted a claim under the Redundancy Payments Acts, 1967 to 2007 before the seven day time-limit for the employer to counter sign the RP9 form. As this is the case the Tribunal has no jurisdiction to hear this case and the claim under the Redundancy Payments Acts, 1967 to 2007 is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)