EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Maurice McSweeney RP175/2013
against
Lyne Hotels, The Riverside Hotel
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. O'Connor
Members: Mr D. Hegarty
Mr O. Wills
heard this appeal at Killarney on 11th June 2014
Representation:
Appellant:
The appellant in person
Respondent:
Mr. Brian Dolan, Peninsula Business Services (Ireland) Ltd.,
Unit 3, Block S, East Point Business Park, Dublin 3
Preliminary issue:
A preliminary issue arose as to whether the Tribunal had jurisdiction to hear this appeal on the basis that the appeal was not lodged within the time frame set down in the Acts. It was common case that the appellant last worked for the respondent on 28th February 2011. However there were two different versions of the circumstances of termination of employment.
On the one hand the respondent stated that the appellant resigned as he had other work commitments. On the other hand the appellant told the Tribunal that he was informed by his Manager that there was no more work available to him.
It was common case that a P45 issued to the appellant some time in April/May 2011 and the cessation date on this P45 was 3rd April 2011. The appellant accepted that he knew then his employment had been terminated but he hoped that he would be taken back at some later stage.
The appellant lodged an appeal under the Acts with the Tribunal on 30th January 2013
Determination:
The Tribunal carefully considered the evidence adduced at the hearing. Although the appellant was last employed on 28th February 2011 it is unclear as to whether he was aware that his employment terminated on that date. However it was the appellant’s evidence that he was fully aware in April/May 2011 that his employment had ended on 3rd April 2011 by virtue of his manager telling him there was no more work and issuing him with a P45. Therefore the Tribunal finds that the termination date was 3rd April 2011.
The Acts specify that an appeal to the Tribunal must be lodged within 52 weeks of termination of employment. However the Acts also allow for an extension of this time limit to 104 weeks provided the Tribunal is satisfied that failure to lodge the appeal was due to reasonable cause.
The only reason given by the appellant for not lodging this appeal within 52 weeks was that he thought he may be taken back at some later date. The Tribunal is not satisfied that this constitutes reasonable cause and therefore refuses jurisdiction to hear this appeal under the Redundancy Payments Acts, 1967 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)