EMPLOYMENT APPEALS TRIBUNAL
COMPLAINT OF: CASE NO.
Laurence Henry I24/2014
- Complainant
against the decision of The Minister for Enterprise & Employment
in the case of :
McCrory Scaffolding (NI) Limited
- Respondent
under
PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACTS 1984 TO 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. J. McGovern BL
Members: Mr. L. Tobin
Mr. P. Trehy
heard this appeal at Dublin on 14th January 2016
Representation:
Complainant: Mr. Oliver McDonagh, SIPTU, Food Branch, Liberty Hall, Dublin 1
Respondent: Not Present Or Represented
The decision of the Tribunal was as follows:-
Background:
The complainant was employed from the 5th March 2007 until the 29th January 2014. He lodged a complaint under the Protection of Employees (Employers’ Insolvency) Acts, 1984 to 2004 in order to pursue his claim for arrears of one weeks wages and four weeks statutory minimum notice. The Minister for Social Protection disallowed the claim on the grounds that the administrators had declared that “it cannot be guaranteed that the claims can be supported by available information or company records”. This decision was dated the 21st June 2014 and was received by the Redundancy Section of the Department of Social Protection on the 3rd July 2014.
The complainant lodged an appeal to the Employment Appeals Tribunal on the 21st October 2014. It should be noted an appeal under this Act must be submitted within six weeks of the date of issue.
Determination:
The Tribunal are satisfied the respondent was duly notified of the date, time and location of this hearing. Neither they nor a representative on their behalf were in attendance on the day.
The complainant gave uncontested evidence of the reasons why he was delayed in submitting his appeal to the Employment Appeals Tribunal.
Under Section 9 (1) of the Protection of Employees (Employers’ Insolvency) Acts, 1984 to 2004 the Tribunal may extend the time to appeal a decision of the Minister. It states:
“9 (1) A person who has applied for a payment under section 6 of this Act of a debt described in subparagraph (i), (ii) or (iv) of subsection (2) (a) of that section may within the period of six weeks beginning on the day on which the decision of the Minister on the application was communicated to him, if that is not reasonably practicable, within such further period as the Tribunal considers reasonable, present a complaint to the Tribunal that –
(a) the Minister has failed to make any such payment:
Or
(b) any such payment made by the Minister is less than the amount which should have been paid.”
Having considered the submissions of the complainant the Tribunal is satisfied that there were reasonable circumstances preventing the complainant lodging his claim to the Employment Appeals Tribunal within the six weeks. The Tribunal extend the time to lodge the appeal to the 21st October 2014.
Therefore the Tribunal find that the complainant is entitled to payments from the Insolvency Fund under the Protection of Employees (Employers’ Insolvency) Acts, 1984 to 2004.
The Tribunal awards the claimant €923.08 as payment in respect of outstanding wages due and €3,692.32 in respect of four weeks minimum notice.
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period. It should be noted that payments from the Social Insurance Fund are limited to a maximum of €600.00 per week.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)