RP233/2013, MN156/2013, WT39/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                           CASE NO.

Liam Murray -appellant                                                                                              RP233/2013

MN156/2013

WT39/2013

against

Michael Newman -respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

ORGANISATION OF WORKING TIME ACT, 1997

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Mr. T. Ryan

Members:        Mr. T. O'Sullivan

                        Mr J. Flannery

heard this appeal at Trim on 11th March 2014

Representation:

_______________

Appellant:       In Person

Respondent:    Mr. Brian Rennick, Brian A. Rennick, Solicitors, Main Street,

Dunboyne, Co Meath

The appeal under the Organisation of Working Time Act, 1997 was withdrawn.

Determination

The appellant ceased employment in April 2011. He submitted his appeal to the Tribunal on the 7^th of February 2013, which is outside the one year time limit as prescribed in the Act. The reason the appellant outlined for his delay was ignorance of the law. The appellant had been involved in a redundancy process with a previous employer.

The Tribunal determine that the failure to refer the appeal was not due to reasonable cause. Therefore the appeal under the Redundancy Payments, Acts,1977 to 2007, is dismissed.

The appellant gave evidence of his unavailability to work for a considerable period after he ceased employment. The appeal under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 fails.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)