EMPLOYMENT APPEALS TRIBUNAL
COMPLAINT(S) OF: CASE NO. I3/2015
David Ledwith- complainant
against the decision of The Minister for Social Protection in the case of :
David Ledwith
v
Ann Blackwell Associates Ltd (In Liquidation)
under
PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACTS 1984 TO 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms F. Crawford B.L.
Members: Mr C. Lucey
Mr P. Trehy
heard this complaint at Dublin on 1st April 2016
Representation:
_______________
Complainant : In person
Respondent(s): Department representative on behalf of the Minister for Social Protection
This complaint came before the Tribunal by way of an employee appealing the decision of the Minister for Social Protection under the Protection of Employees (Employers' Insolvency) Acts 1984 to 2012.
The declaration of the Tribunal was as follows:-
The complainant had two claims under the Payment of Wages Act, 1991, heard by a Rights Commissioner and awards were made in both cases. The awards were not paid by his employer and ultimately the company was put into liquidation on 27th August 2014. The second of the awards fell within the allowable period of 18 months prior to the appointment of a liquidator and the amount of €6,128.30 was paid. The representative for the Minister submitted that the furthest date the Department could consider was 27th February 2013. The claimant’s first award of €4,997.57 from the Rights Commissioner was dated 10th January 2013. He had pursued this through the Circuit Court and a sheriff had been appointed to recover the debt but to no avail as there were no funds in the company.
The complainant argued that the company had ceased trading from the time his employment was terminated by reason of redundancy in October 2012. The delay in appointing a liquidator had frustrated his ability to successfully assert his employment rights in respect of unpaid wages. He submitted a previous determination I102.12 which allowed the complaint on the grounds that there was a delay in the appointment of a liquidator and evidence was given in this regard. The Minister’s representative explained that the Department is bound to adhere to the official date that the Liquidator is appointed.
Determination:
The Tribunal finds that the claim to the Insolvency Fund was outside of the 18-month relevant period prior to the appointment of a liquidator. The Tribunal distinguishes the case law submitted by the Complainant as in the case submitted evidence was heard from a witness on behalf of the Minister that there was a delay in the appointment of a liquidator to the Company, which is not the case in the present case.
Accordingly the complaint is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)