EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF : CASE NO.
James O'Flynn UD1541/2012 MN873/2012
RP1110/2012
against
United Guard & Security Limited
Under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr L. O Cathain
Members: Mr P. Casey
Ms H. Kelleher
heard this claim at Cork on 27th March 2014
Representation:
_______________
Claimant: Sullivan Waters & Co, Solicitors, 19 West End, Mallow, Co Cork
Respondent: Not present or represented
The determination of the Tribunal was as follows:-
The claimant’s representative told the Tribunal that a case had originally been taken against an incorrect respondent. That case was withdrawn and the information regarding the correct respondent was then forwarded to the Tribunal. The date of dismissal was 15th November 2010. A new claim was submitted to the Tribunal on 8th October 2012. Payslips and P60s were in the name of the respondent that should have been initially cited on the claim form but the claimant thought that the respondent had been taken over by another company.
Under the Unfair Dismissals Acts 1997 to 2007, even if the Tribunal extended the time-limit from 6 months to 1 year, this claim would nonetheless be outside the time-limit. The Tribunal determine that they do not have jurisdiction to hear this part of the claim and it is hereby dismissed.
As per Section 24 2A of the Redundancy Payments Acts 1967 to 2007
“where an employee who fails to make a claim for a lump sum within the period of 52 weeks mentioned in subsection (1) (as amended) makes such a claim before the end of the period of 104 weeks beginning on the date of dismissal or the date of termination of employment, the Tribunal, if it is satisfied that the employee would have been entitled to the lump sum and that the failure was due to a reasonable cause, may declare the employee entitled to the lump sum …..”
The Tribunal find that there is no reasonable cause as to the claimant’s failure to make a claim within the 52 week timeframe. It is found and determined that the Tribunal does not have jurisdiction to hear the Redundancy Payment claim.
The claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, succeeds and the Tribunal awards the claimant the sum of €840.00, this being two week’s gross pay as compensation in lieu of notice.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)