EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Employee - appellant RP367/2013
against
Employer - respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr M. Gilvarry
Members: Mr. D. Morrison
Ms. R. Kerrigan
heard this appeal at Letterkenny on 31st July 2013
Representation:
_______________
Appellant(s) : In Person
Respondent(s) : Mr John Duggan, Callan Tansey Solicitors, Crescent House, Boyle, Co
Roscommon
Determination
The appellant gave evidence of her employment with the respondent company since 1986. She stated that in 2009 trading conditions got very poor and she was placed on temporary lay-off for the winter months thereafter returning in March each year. While the respondent company issued a P45 to her at the start of the winter season each year the Tribunal is satisfied that her employment had become seasonal and her service had remained unbroken.
The appellant was due to return to work in March 2011 but a receiver was appointed on 16 February 2011. The receiver was unaware of any employment obligation to her in that a P45 had issued to her on the previous November and while he initially prepared her redundancy claim form showing that she was given notice of redundancy on 16 February 2011, he did not proceed with the claim on her behalf. The receiver recalls that he advised her to place the company into liquidation and claim her redundancy by that route as she was a director of the company. The appellant could not recall such advice being given to her.
The appellant underwent a serious eye operation at Easter time 2011 and then returned to work for the company in July 2011 continuing to work for the company until November 2011 as was her normal pattern of work. She signed a contract for this period but only did so in December 2011 after her employment ended. The Tribunal is satisfied that the appellant was an employee of the company as at 30 November 2011.
The appellant’s claim for redundancy was lodged with the Tribunal on 26 March 2013 which was more than 12 months after the termination of her employment. The respondent’s representative objected to the Tribunal having jurisdiction to hear the case. However the Tribunal accepts the appellant’s evidence that she suffered continuing health problems following the aforementioned eye operation at Easter 2011 and therefore there was reasonable cause for the delay in submitting the application to the Tribunal. The Tribunal accordingly extends the time permitted for lodging the claim thus making it a legitimate claim and awards the appellant a lump sum payment under the Redundancy Payments Acts 1967 to 2007 based on the following information.
Date of Birth: 29 March 1963
Service from: 15 March 1986 to 30 November 2011
Non-reckonable service: 30 November 2009 to 1 March 2010
30 November 2010 to 1 March 2011
Normal weekly remuneration: €367.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)