RP919/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                            CASE NO.

Brenda Foley  -  appellant

                                                                                                                        RP919/2012

against

County Carlow Vocational Education Committee   -   respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms O. Madden B.L.

Members:     Mr M. Noone

                    Mr J. Flannery

heard this appeal at Carlow on 19th December 2013

Representation:

Appellant:       Joseph P Gordon & Co., Solicitors, Burgery, Dungarvan, Co Waterford

Respondent:    Mr John Farrell, IBEC, South East Regional Director, Confederation House,

Waterford Business Park, Cork Road, Waterford

Preliminary Issue:

The appellant’s employment commenced with the respondent in 1992 and concluded on 31^st August 2010. The appeal under the Redundancy Payments Acts was lodged with the Tribunal on 13^th August 2012 outside the specified time limit as prescribed by the Acts.

The appellant was informed on 24^th June 2010 that her employment would end by reason of retirement. The appellant disagreed with this as one of her colleagues was older than her. The appellant was upset by the termination of her employment and she gave evidence that this had affected her health.

The appellant wrote a number of letters to her union during 2010 and she sent a further letter to the union by registered post in January 2011. The appellant did not receive a response to these letters from the union. The appellant wrote a further letter to the union on 16^th July 2012 and she did receive a response on that occasion confirming receipt of that letter. The appellant stated that she had relied on the union to advise her on her situation. Eventually the appellant considered obtaining legal advice and she contacted a solicitor in August 2012.

During cross-examination the appellant confirmed that she had referred her letters to the head office of the union and not to the local representative as they had been unable to provide her with answers.

It was the respondent’s case that regardless of the time limit issue, a redundancy situation did not arise as the claimant was a public servant whose employment terminated on grounds of retirement.

Determination on preliminary issue:

Having carefully considered all of the evidence from both parties the Tribunal is not satisfied that the appellant in this instance demonstrated reasonable cause such as would allow the Tribunal to extend the time for the lodgement of an appeal under the Acts. The Tribunal therefore does not have jurisdiction to hear the case and must dismiss the appeal under the Redundancy Payments Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)