I2/2013, I3/2013

EMPLOYMENT APPEALS TRIBUNAL

COMPLAINT OF:                                                                                                    CASE NO.

Vija Strogonova,                                                                                                         I2/2013

Biruta Bondarenko,                                                                                                    I3/2013

against the decision of The Minister for Social Protection in the case of :

Concrete Recycling Specialists Limited (In Liquidation),

under

PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACTS, 1984 TO 2004

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr D. Mac Carthy S C

Members:     Mr F. Cunneen

                    Mr J. Dorney

heard this complaint at Dublin on 21st March 2014

Representation:

Complainant:

             Mr Richard Grogan,

             Richard Grogan & Associates, Solicitors, 16 & 17 College Green, Dublin 2

Respondent:

             Ms Philomena Flynn, Earlsfort Centre, Earlsfort Terrace, Dublin 2

Determination:

This case came before the Tribunal by way of an appeal against the decision of the Minister for Social Protection.

The appellants were seeking payment through the insolvency fund in respect of awards made by the Rights Commissioner.

In considering whether the appellants were entitled to payment through the Insolvency Fund in respect of these awards the Tribunal considered the Protection of Employees (Employers’ Insolvency) Act, 1984 and in particular Section 6(9)(b) (i)&(ii) which states as follows

(i) in case the relevant applicant's employment is terminated as a result of the relevant employer's insolvency, the date on which such employer became insolvent, or the date of such termination, whichever such applicant shall as regards the debt nominate, or

(ii) in any other case, the date on which such employer became insolvent;

“the relevant period” means in relation to a debt to which this section applies, the period of eighteen months immediately preceding the relevant date.

The company against which the awards were made went into liquidation on 1^st April 2010 and therefore the Minister could not make any payments in respect of claims before 1^st October 2008, being 18 months before the date of liquidation.

As the appellants are seeking payment for awards in respect of unpaid wages for periods before 1^st October 2008 the Tribunal upholds the decision of the Minister for Social Protection and the appeals under the Protection of Employees (Employers’ Insolvency) Act, 1984 fail.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)