EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: | CASE NO. |
EMPLOYEE – Appellant | RP678/2012 |
against | |
EMPLOYER – Named Respondent | |
under |
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. MacCarthy S.C.
Members: Mr. D. Moore
Mr. N. Dowling
heard this appeal at Dublin on 29 July 2013
Representation:
Appellant:
In person
Respondent:
Rep
The determination of the Tribunal was as follows:
Determination:
The appellant was employed as a special needs assistant in a particular school from 1 September 2001 until 31 August 2005. She was then employed at a second school from September 2005 until retirement. The appellant lodged a claim for a redundancy lump sum payment with the Tribunal on 18 May 2012.
The Redundancy Payments Acts provide at Section 24 for a claim to be lodged within 52 weeks of the date of the termination of the employment and if the employee can show reasonable cause this period can be extended to 104 weeks. In this case the appellant did not lodge her claim with the Tribunal for around 7.75 years, almost four times the period specified in Section 24. Accordingly, the Tribunal has no jurisdiction to hear the appeal under the Redundancy Payments Acts, 1967 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)