UD38/2012, RP27/2012, MN18/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIMS OF:                                                                                                             CASE NO.

EMPLOYEE                                                                                                               UD38/2012                                                                                                                                                                                                                                                       RP27/2012

                                                                                                                                    MN18/2012

against

EMPLOYER

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Mr. N.  Russell

Members:     Mr. J.  Browne

                     Mr. J.  Flavin

heard this claim at Waterford on 31st July 2013

Representation:

Claimant:

Respondent:

               No appearance by or on behalf of the respondent

There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that they were properly notified of the hearing.

Claimant’s case:

The appellant lodged her appeal under the Redundancy Payments Acts, 1967 to 2007 more than 52 weeks but less than 104 weeks from the date of termination of her employment and applied to have the time limit extended to 104 weeks because there was reasonable cause preventing her from lodging her claim on time. The respondent constantly led the appellant to believe that the company would start up again until after the expiration of 52 weeks from the time her employment ended.

The appellant stated that she commenced employment with the respondent on 15^th July 2005 and was let go, without notice or payment in lieu thereof, when the business closed down on 25^th June 2010. At the time of termination of employment the appellant was being paid €458.45 gross per week. The appellant did not receive any payment from the respondent in respect of a lump sum redundancy payment.

Determination

The claimant lodged the claim for unfair dismissal beyond the time limit specified in the Act and therefore the Tribunal refused jurisdiction to hear that claim.

Having considered the uncontested evidence of the appellant the Tribunal awards her €916.90 under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 together with a lump sum redundancy payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.

This award is made subject to the claimant having been in insurable employment, during the relevant period, in accordance with the Social Welfare Acts.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)