RP516/2013

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

RP516/2013

APPEAL(S) OF:                                                                                                      

Ethna Staunton                            

- Appellant

against

Blacoe Jewellers T/A Blacoe Jewellers

- Respondent

Robert Blacoe

- Respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. M. Gilvarry

Members:     Mr. D. Morrison

                     Mr. T.J. Gill

heard this appeal at Castlebar on 24^th August 2015

Appellant(s) :     In Person

Respondent(s) : Michael Flynn, Creaghduff, Coosan, Athlone, Co. Westmeath

The determination of the Tribunal was as follows:

Determination:

The Tribunal has carefully considered the sworn evidence adduced by both parties in this matter.

The appellant’s employment terminated on the 31^st December 1999. She lodged an appeal to the Workplace Relations Customer Service under the Redundancy Payments Acts,1967 to 2007 on the 9^th May 2013, some 13 years and 5 months after her employment ceased.

In sworn evidence the appellant stated that she had been absent from her employment on sick leave from 2000 and had submitted medical certificates to the respondent initially at the respondent’s Claremorris address and then at the Galway address. She ceased submitting these medical certificates in 2001 on advice from her Doctor.

The respondent stated the appellant’s claim was well outside the time limit as set out in the Act and therefore the Tribunal could not hear the matter.

Section 24 of the Redundancy Payments Acts, 1967 as amended by section 12 (2A) of the Redundancy Payments Acts, 1971 states:

            “ 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 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 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 filed her appeal outside of this 104 week time period and therefore there is no entitlement to a redundancy payment. Accordingly, the appeal under the Redundancy Payments Acts, 1967 to 2007 fails.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)