EMPLOYMENT APPEALS TRIBUNAL
COMPLAINT OF: CASE NO.
John Hickey I1/2013
against the decision of The Minister of Social Protection
in the case of :
Ger Norris Construction Limited (In Receivership)
under
PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACTS, 1984 TO 2004
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms K. T. O’Mahony B.L.
Members: Mr J. Browne
Mr J. Flavin
heard this complaint at Nenagh on 22nd September 2014
Representation:
Complainant: Michael A. O’Brien, Solicitors, Castle Street, Carrick-On-Suir, Co. Tipperary
Respondent: Ms. Terri Campbell, Insolvency Payments Section,
Department of Social Protection, Block C, Floor 3, Earlsfort Centre,
Lower Hatch Street, Dublin 2
The declaration of the Tribunal was as follows:-
This case came before the Tribunal by way of an appeal against the decision of the Minister for Social Protection.
The appellant was seeking payment through the insolvency fund in respect of a claim for unpaid wages in respect of the period 1st January 2010 to 18th March 2010. The appellant had been made redundant by the company on 18th March 2010.
The effect of section 6(9)(b) (i)&(ii) of the Protection of Employees (Employers’ Insolvency) Act, 1984 as amended is that claims arising earlier than 18 months before the employer’s insolvency are not covered by the insolvency scheme.
The date of insolvency was 4th May 2012 (the date the receiver was appointed to the company).Thus, the Minister could not make any payment in respect of the claim herein as it arose earlier than 18 months before the date of liquidation.
Accordingly, the Tribunal upholds the decision of the Minister for Social Protection and the appeal under the Protection of Employees (Employers’ Insolvency) Act, 1984 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)