RP680/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                             CASE NO.

Nora Meaney                                                                                                             RP680/2013

against

Fitznolan Limited (In Liquidation)

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms P. Clancy

Members:     Mr. W. O'Carroll

                      Ms H. Murphy

heard this appeal at Ennis on 7th April 2014

Representation:

Appellant:

            The appellant in person

Respondent:

             No appearance by or on behalf of the respondent

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

Appellant’s case:

The appellant commenced employment with the respondent on 16^th March 1998 and was dismissed by way of redundancy on 6^th April 2012. A liquidator was appointed to the respondent and in July 2012 the appellant received a redundancy lump sum payment from the Social Insurance Fund through the Department of Social Protection. However the appellant had an issue with the amount received and raised this query with the liquidator who replied to her by letter dated 8^th November 2012 advising her to take a claim to the Tribunal. The appellant chose not to act on this advice and continued to phone the liquidator’s office until the liquidator again wrote to her on 18^th January 2013 requesting her to cease contacting him.

In or around February 2013 the appellant received the assistance of the Citizens Information Centre in downloading and completing the form T1A but did not sign and post this until 10^th July 2013. The form was received by the Tribunal on 11^th July 2013.

Determination:

A preliminary issue arose in respect of whether the Tribunal had jurisdiction to hear this appeal given that the appeal was lodged beyond the time limit stipulated in the Act of 12 months after the appellant’s employment had ceased with the respondent.

The Tribunal has discretion to extend this time limit to 24 months in circumstances where the appellant had reasonable cause for not lodging the claim within 12 months. However having considered the oral and documentary evidence adduced by the appellant at the hearing and in particular the two letters from the liquidator to the appellant within 12 months of termination of employment, The Tribunal finds that there was no reasonable cause for not lodging this appeal within 12 months of dismissal.

Therefore the Tribunal refuses jurisdiction to hear this appeal.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)