RP615/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                  CASE NO.

Adrian Paul O'Sullivan                                                                                 RP615/2013

-appellant                             

Against

Kelly Farm Modernisation Limited

-respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Ms S.  McNally

Members:       Mr D.  Hegarty

                        Mr D.  McEvoy

heard this appeal at Cork on 7th November 2014

Representation:

_______________

Appellant:       Ms. Noreen Browne, Padraig O'Connell, Solicitors, Glebe Lane,

Killarney, Co Kerry

Respondent:    In Person

Summary of Evidence

The appellant worked for the respondent from 2003. The last day the appellant worked was in September 2011.  Following a wage reduction in February 2011 due to the financial difficulties the respondent was in, the appellant was then put on short-time on the 23^rd of September 2011.  The appellant was on authorised time off (the respondent disputes this leave was authorised) and then sick leave until December 2011 when he was certified fit to return to work.  The respondent offered the appellant redundancy in December 2011 (as a number of positions were made redundant) but he failed to respond to communications.  The respondent was aware that the appellant had commenced a course of further education.

From December 2011 the appellant contends that he regularly contacted the respondent looking for work but there was none available. The respondent disputes this contention and maintains they contacted the appellant in 2012 offering him work which he refused.  On advice the appellant submitted an RP9 form dated the 24^th of May 2013.  The respondent served a counter notice that the appellant disputes receiving.

Determination

The Tribunal carefully considered all of the evidence adduced.  The Tribunal determine that the appeal under the Redundancy Payments Acts, 1967 to 2007 is out of time and that there were no reasonable circumstances that prevented the appellant from lodging his appeal.  The Tribunal therefore, have no jurisdiction to hear this case.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)