EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
RP1254/2012
Michael Creane - appellant
against
E & S Personnel Services Limited - respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr J. Browne
Mr F. Dorgan
heard this appeal at Wexford on 30th May 2014
Representation:
Appellant: Mr. Padge Reck, Sunrise, Mulgannon, Co Wexford
Respondent: No appearance or representation at the hearing.
The company is dissolved since 1st July 2011.
Summary:
It was the appellant’s uncontested evidence that he was unable to lodge the appeal within the stipulated 52 week time limit as he underwent a number of surgeries on different dates. The appellant was injured in a road traffic collision on his way to work and was absent from 23 February 2009 as a result. The appellant was absent up to and including the date on which the company was dissolved (1 July 2011). His appeal was lodged with the Tribunal on 31 October 2012.
Determination:
The Tribunal finds that reasonable cause existed to prevent the appellant from lodging the appeal within the 52 week time limit and extends the time limit for the appeal to 104 weeks as set out under the Acts.
Based on the appellant’s uncontested evidence the Tribunal finds that he is entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:
Date of Birth:
Date of Commencement: 4 June 2003
Period of illness: 23 February 2009 to 1 July 2011*
Date of Termination: 1 July 2011
Gross Weekly Pay: €762.36
*Please note only the first 26 weeks of a period of illness are reckonable
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
It should be noted that payments from the social insurance fund are limited to a maximum of €600.00 per week.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)