EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Alex Flanagan - appellant RP740/2013
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 23 December 2011. The appellant lodged his redundancy claim through his trade union representative with the Tribunal secretariat on 1 August 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 in dispute with the company concerning his correct rate of pay and by extension concerning his correct redundancy entitlement. This dispute resulted in him bringing, as part of a group action a claim under the Payment of Wages Act to the Rights Commissioner service. The outcome of this dispute was not established until 16 April 2013 when a decision from the Rights Commissioner service was received by the parties. In allowing either party to appeal this decision and therefore a further 6 week period to elapse, his correct rate of pay was not established until more than 16 months after the termination of his employment.
Determination
The Tribunal determines pursuant to section 24 (2) (A) that the process entered into by the appellant in relation to establishing his correct rate of pay satisfies the reasonable cause required to extend the time period allowed in bringing a claim before the Tribunal. The Tribunal is therefore satisfied the claim is a legitimate claim and 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: 30 January 2006
Date of termination of employment: 23 December 2011
Gross weekly pay: €517.75
The Tribunal notes that the appellant has already been paid a redundancy payment amounting to €5,440.00
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)