EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Michael Fitzpatrick, - appellant
RP660/2013
against
K & N Network Services (Ire) Limited T/A K & N Network
Services, - respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr J. Hennessy
Mr P. Trehy
heard this appeal at Portlaoise on 21st March 2014
Representation:
_______________
Appellant(s) : Mr. Gerard Kennedy, SIPTU, Liberty Hall, Eden Quay, Dublin 1
Respondent(s) : Ms. Claire Hellen, IBEC, Confederation House, 84/86 Lower
Baggot Street, Dublin 2
Summary of Case
The appellant’s employment with the respondent company terminated on 12 April 2012. The appellant lodged his claim for redundancy through his trade union representative with the Tribunal secretariat on 4 July 2013.
Section 24 (1) of the Redundancy Payments Acts 1967 provides that a claim for a redundancy payment must be made before the end of the period of 52 weeks beginning on the date of dismissal or the date of termination of employment.
Section 24 (2) (A) provides that:
“where an employee who fails to make a claim for a lump sum within the period of 52 weeks mentioned in subsection (1) (as amended) makes a claim before the end of the period of 104 weeks beginning on the date of dismissal or the date of termination of employment, the Tribunal, if it is satisfied that the employee would have been entitled to the lump sum and that the failure was due to a reasonable cause may declare the employee to be entitled to the lump sum…….”
Representative for the respondent company submitted that the Tribunal did not have jurisdiction to hear the appeal as the claim was not submitted to the Tribunal within the prescribed 52 weeks time limit.
The Tribunal heard evidence from the appellant that he was given an incorrect estimation of the calculation of his redundancy payment by the respondent company. When he contacted the company about this he was told that he would have to contact his tax office for verification of his correct date of commencement of employment. He did so and provided that information to the company. His gross weekly wage was also incorrectly calculated by the company and this resulted in him bringing a claim to the Rights Commissioner service to establish his correct legal entitlement. The appellant submitted that these matters caused the delay in submitting in his claim to the Tribunal.
Determination
Taking the above circumstances into account the Tribunal is satisfied that the appellant had reasonable cause for failing to make the claim within the prescribed period of 52 weeks. Accordingly the Tribunal, pursuant to section 24 (2) (A) of the Redundancy Payments Act 1967 extends the time period allowed thus making it a legitimate claim.
The Tribunal awards the appellant a lump sum payment under the Redundancy Payments Acts 1967 to 2007 based on the following criteria:
Date of Birth:
Date of commencement of employment: 1 June 2000
Date of termination of employment: 12 April 2012
Gross weekly pay: €600.00
The Tribunal notes that the appellant has already been paid a redundancy payment amounting to €11,666.00.
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)