RP680/2012

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)