I4/2014

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

I4/2014

COMPLAINT OF:                                                                                                   

Tony Nethercott                                           

against the decision of The Minister for Social Protection

in the case of :

Hydraulic Consultants and Services Limited (In Liquidation)

under

PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACTS 1984 TO 2012

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms O. Madden B.L.

Members:     Mr M. Noone

                     Mr J. Flannery

heard this complaint at Dublin on 19th June 2015

Representation:

Complainant : In person

Respondent(s) : no appearance by or on behalf of the liquidators

                         Ms Phyllis Flynn Higher Executive Officer

                         Ms Terri Campbell, Executive Officer

                         Redundancy Payments Section, Department of Social Protection, Block C,

                         Floor 2, Earlsfort Centre, Lower Hatch Street, Dublin 2

Determination

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

The appellant was seeking payment through the insolvency fund in respect of pension entitlements. A liquidator was appointed to the appellant’s employer on the 12 May 2009. It was agreed that the appellant’s employment ended on the 30 September 2008.

The Department of Social Protection had sought documentary evidence from the receiver / liquidator on dates when the pension contributions ended for the appellant and confirmation as to when the pension closed. Based on the documentation received the Department deemed the pension was closed. The appellant submitted that the pension remained active until he drew it down on reaching the age of 65.

The Department of Social Protection accepted and agreed that if the pension is still opened and where the liquidator submits the relevant IP3 and IP3 schedule the claim will be processed. The Department submitted that a payment in respect of pensions is made to the pension trustee and not to the employee. The Tribunal is satisfied that the reckonable period in this case is the 12 May 2008 to 1 September 2008.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)