I11/2013

EMPLOYMENT APPEALS TRIBUNAL

COMPLAINT OF:                                                                                               CASE NO.

Grayling Communications                                                                                    I11/2013

-        Appellant

against the decision of The Minister of Social Protection

in the case of :

Catherine Walsh

Rachel Sherry

under

PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACTS, 1984 TO 2004

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. T. Ryan

Members:     Mr. T. O’Grady

Mr. M. Mulcahy

heard this complaint at Dublin on 28^th November 2014

Representation:

Complainant: Not Present or Represented

Respondent:    Conor Dunne, Higher Executive Officer, Redundancy Payments Section,

Department of Social Protection, Block C, Floor 2, Earlsfort Centre,

Lower Hatch Street, Dublin 2

The declaration of the Tribunal was as follows:-

This case came before the Tribunal by way of an appeal against the decision of the Minister for Social Protection.

Background:

Two employees (RS and CW) of the appellant company in this matter were awarded a redundancy payment in the sum of €15,816.00 each following their termination of employment on the 31^st December 2011. The appellant was entitled to apply for a rebate from the Redundancy Section of the Department of Social Protection in the sum of €18,979.20) (this being €9489.60 for each employee) and submitted the RP50 forms to claim these rebate on the 24^th April 2013.

An Officer from the Redundancy Section of the Department of Social Protection wrote to the appellant on the 25^th May 2013 informing them that as the form was not submitted within six months of the employee’s termination they, the appellant, “did not qualify for a Redundancy Rebate”.

The appellant appealed the Minister of Social Protection decision to the Employment Appeals Tribunal on the 5^th September 2013.

Determination:

The Tribunal are satisfied the appellant was properly notified of the date, time and location of the hearing. Neither they nor a representative on their behalf attended.

Accordingly, the appeal under the Protection Of Employees (Employers' Insolvency) Acts, 1984 To 2004 fails for want of prosecution.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)