EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Tom Murphy -appellant
RP13/2015
against
Manor House Inn Limited -respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. N. Russell
Members: Mr. J. Hennessy
Mr. F. Dorgan
heard this appeal at Carlow on 2nd December 2015
Representation:
Appellant: In person
Respondent: No appearance or representation on behalf of the respondent.
Background:
The registered post containing the notice of hearing was returned marked “gone away.” The company was dissolved effective 15th October 2014. It was the appellant’s evidence that his employment terminated when the business closed.
The appellant’s employment terminated on 31st October 2013 and he lodged his claim with the Tribunal on the 7th January 2015- outside the stipulated 52 week time limit. However, it was the appellant’s case that he was in contact with the director of the company during that time and was under the understanding that the redundancy payment would be made to him but this did not transpire.
Determination:
The Tribunal considered the time limit for receipt of appeals under Section 24 of the Redundancy Payments Act 1967 as amended by section 12 of the Redundancy Payments Act 1971 and Section 13 of the Redundancy Payments Act 1979 and given the circumstances found that reasonable cause existed to prevent the appellant lodging the claim within 52 weeks.
The Tribunal finds that the appellant is entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:
Date of Commencement: 10September 2010
Date of Termination: 31 October 2013
Gross Weekly Pay: €400.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)