EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Sharon Power -appellant
RP1016/2013
against
Tom Sheehan T/A Sheehans Garage -respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms D. Donovan B.L.
Members: Mr J. Browne
Ms S. Kelly
heard this appeal at Kilkenny on 13th February 2015
Representation:
Appellant: In person
Respondent: No appearance or representation on behalf of the respondent.
The decision of the Tribunal was as follows:
The Tribunal is satisfied that a notice of hearing was sent by registered post to the respondent and resent by ordinary post on return of the registered post. However, neither the respondent nor a representative on his behalf attended the hearing.
The Tribunal is satisfied that reasonable cause exists in this case to allow the extension of time for the appeal as provided for by S.24 (as amended) which states:
- —(1) Section 24 of the Principal Act is hereby amended by the insertion at the end of that section of the following subsection:
“(2) Notwithstanding any provision of this Act, an employee shall not be entitled to a weekly payment unless he has become entitled to a lump sum”.
(2) In respect of a dismissal or a termination of employment which occurs not earlier than 30 weeks before the commencement of this section, section 24 of the Principal Act shall apply as if—
(a) “52 weeks” were substituted for “thirty weeks”, and
(b) the following subsection were inserted after subsection (2) (inserted by this section):
“(2A) 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 to be entitled to the lump sum and the employee shall thereupon become so entitled.”
The appellant gave evidence to the Tribunal that her employment ended when the respondent’s business closed. The Tribunal finds that the appellant is entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:
Date of Birth:
Date of Commencement: 21 September 1991
Date of Termination: 31 December 2011
Gross Weekly Pay: €250
The Tribunal notes that the appellant received €3,000 from the employer to date as part-payment of the redundancy lump sum.
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)