EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
RP792/2012
Employee - appellant
against
Employer - respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony B.L.
Members: Mr J. Hennessy
Mr F. Dorgan
heard this appeal at Thurles on 5th December 2013
Representation:
Appellant: Mr. John Kane, SIPTU, 4 Church Street, St. John’s Square, Limerick
Respondent: No appearance or representation on behalf of the respondent.
Background:
The appellant applied to extend the time for the lodgement of his appeal from 52 weeks to 104 weeks. The appellant outlined that he was absent for a period of six weeks on sick leave in or around March/April 2011. When he was fit to return to work, he was informed that there was no work available at that time. The appellant did not receive a P45.
When the appellant did not receive an offer of work, he subsequently submitted an RP9 form to the employer but could not recall when this was. When he heard nothing further the appellant considered himself to be an employee of the company until he received an RP50 form from the company. The RP50 form was signed on 7 March 2012 and stated that the appellant’s employment had ended in May 2011. The appellant waited a period of time but lodged his appeal on 27 June 2012 when the RP50 was not honoured.
Determination:
The Tribunal is satisfied that the respondent was notified of the hearing at its registered office. Neither the respondent nor a representative on its behalf attended the hearing.
The Tribunal is satisfied that there was reasonable cause for the delay in the filing of the T1A form. Accordingly, the Tribunal extends the time limit for the appeal as set out in S.24 of the principal Act as amended.
The Tribunal finds that the appellant is entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:
Date of Birth: 27 March 1967
Date of Commencement: 27 August 2008
Date of Termination: 4 May 2011
Gross Weekly Pay: €712
*Please note that a statutory ceiling limited of €600.00 applies to all payments from the Social Insurance Fund.
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)