RP411/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                            CASE NO.

Breda Phelan,                                                                                                              RP411/2013

against

REL Refrigeration Group Limited,

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 Kilkenny on 22nd April 2014

Representation:

Appellant: The appellant in person

Respondent: No appearance by or on behalf of the respondent

Background:

There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that they were properly notified of the hearing.

The appellant commenced employment with the respondent on 11^th June 2007 and was dismissed by way of redundancy on 30^th January 2012. An appeal was lodged with the Tribunal on 19^th April 2013 and therefore the appellant sought an extension of the time limit for lodging her claim on the grounds that the liquidator told her that the claim would be paid but subsequently, more than a year after she had been made redundant, told her that the redundancy would not be paid.

At the time of her redundancy the appellant was earning €40 per week. However up to one year prior to the redundancy the appellant had been earning €80 per week and this pay cut/reduction in hours was not of her own choice. The appellant did not wish to remain on the reduced pay and expected to be restored to her previous hours.

Determination

The Tribunal is satisfied that there was reasonable cause for the delay in lodging this appeal and extends the time. Accordingly, the Tribunal extends the time limit to 2 years for lodging the appeal under section 24 of the Acts and accepts jurisdiction to hear this appeal.

Having considered the uncontested evidence of the appellant the Tribunal awards her a lump sum redundancy payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.

This award is made subject to the claimant having been in insurable employment, during the relevant period, in accordance with the Social Welfare Acts.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)