I102/2012

EMPLOYMENT APPEALS TRIBUNAL

COMPLAINT(S) OF:                                                                                              CASE NO.

EMPLOYEE - complainant                                         

                                                                                                                                  I102/2012

against the decision of The Minister for Social Protection

in the case of :

EMPLOYER - respondent

EMPLOYER - respondent

under

PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACTS, 1984 TO 2004

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Mr R.  Maguire, B.L.

Members:     Mr J.  Hennessy

                     Mr P.  Trehy

heard this complaint at Portlaoise on 16th September 2013

Representation:

_______________

Appellant:             In Person

Respondent(s) :    No appearance by or on behalf of respondent

Determination

Upon the liquidation of the company the complainant claimed arrears of holiday pay and arrears of unpaid wages from the Insolvency Fund.

On behalf of the Minister, the Department of Social Protection refused the claim of the appellant in accordance with section (9) (b) of the Act on the grounds that the claim was not received within 18 months from the date of the official liquidation of the company. However a witness on behalf of the Minister accepted that the complainant is owed arrears of unpaid wages and holiday entitlements and that there was a delay in the appointment of a liquidator to the company. In those circumstances the Tribunal is satisfied that the complainant is entitled to payments from the Insolvency Fund under the Protection of Employees ((Employers’ Insolvency) Acts, 1984 to 2004.

The Tribunal awards the complainant €115.00 as payment in respect of outstanding holiday pay due and €2784.00 in respect of her minimum notice entitlement.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)