EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE MN410/2012
- appellant
RP396/2012
against
EMPLOYER - respondent
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Fahy B.L.
Members: Mr T. Gill
Ms H. Murphy
heard this appeal at Galway on 2nd September 2013
Representation:
_______________
Appellant(s) :
Respondent(s)
The claim under the Minimum Notice and Terms of Employment Acts 1973 to 2005 was withdrawn by the appellant’s representative during the course of the hearing.
Determination
The respondent having conceded liability in this regard, the Tribunal finds that the appellant is entitled to a lump sum payment under the Redundancy Payments Acts 1967 to 2007 based on the following criteria:
Date of Birth: 21 December 1976
Date of commencement of employment: 10 May 1999
Date of termination of employment: 5 November 2010
Gross weekly pay: €545.91
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)
EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE -appellant
RP680/2012
against
EMPLOYER -respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr C. Corcoran
Members: Mr J. Horan
Mr N. Dowling
heard this appeal at Dublin on 25th June 2013
Representation:
Appellant:
Respondent: No appearance by or on behalf of the former company.
Background:
The appellant previously lodged a claim under the Unfair Dismissals Acts, 1977 to 2007. This matter was listed before a division of the Tribunal on 26 April 2011 but the matter was settled by the parties (reference: ud166/2010).
The appellant subsequently lodged an appeal under the Redundancy Payments Acts, 1967 to 2007 with the Tribunal on 17 May 2012. However, his employment terminated on 28 July 2009.
It was submitted by the appellant’s representative that the cause of the delay was that the terms of settlement as agreed between the parties were not complied with. On foot of this the appellant obtained a Judgement against the employer which was returned by the County Sheriffs Office marked “left address” and dated 25 April 2012. As a result of the Judgement being returned the appellant lodged an appeal seeking payment of his statutory redundancy.
Determination:
The Tribunal finds that it has no jurisdiction to hear this appeal. The appeal was lodged outside the stipulated time limit as prescribed and amended by the Redundancy Payments Acts, 1967 to 2007 and the Tribunal has no further discretion in this regard.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)