EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP498/2014
APPEAL(S) OF:
Joseph Egan -appellant
against
Ardent Components Limited -respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony B.L.
Members: Mr J. Hennessy
Ms S. Kelly
heard this appeal at Kilkenny on 2nd April 2015
Representation:
Appellant: In person
Respondent: No appearance or representation on behalf of the respondent
Background:
There was no appearance by the respondent company which was dissolved effective 8 October 2014. The appellant completed the date of termination on the Workplace Relations complaint form as having taken place in January 2012. The appeal was lodged with the Tribunal on 26 May 2014.
The appellant stated that he was employed by the respondent company from January 2009 to January 2012 at which time his position was made redundant. The appellant subsequently worked with a second company both as a direct employee and later on a self-employed basis until July 2013. The second company sold a similar product to the respondent company but operated from different premises and was based in the UK. This company later entered into liquidation in October 2013.
Determination:
The Tribunal finds that the second company was a separate entity to the respondent company and therefore cannot take the period of service with that company into account in relation to the time limitations faced by the appellant. The appeal under the Redundancy Payments Acts, 1967 to 2007, is statute barred and therefore cannot be heard by the Tribunal.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)