EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Simon Pepper – appellant RP614/2014
against
Axiologix Limited (in liquidation) – respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms J. McGovern BL
Members: Mr G. McAuliffe
Mr N. Dowling
heard this appeal at Dublin on 14th September 2015
Representation
Appellant: In person
Respondent: Mr. Eugene McLoughlin
The determination of the Tribunal is as follows:
The appellant in this case was seeking a redundancy lump sum payment because he had been dismissed without being given redundancy or notice.
The liquidator for the respondent informed the Tribunal that the matter had already been dealt with by the Rights Commissioner, who found that the appellant had been unfairly dismissed and was due compensation as a consequence. The Recommendation of the Rights Commissioner was not appealed.
The liquidator applied to the Insolvency Fund and as a result the appellant was paid part of what he was owed in respect of the Rights Commissioner’s award for unfair dismissal; arrears of pay, holiday pay and minimum notice; and arrears of pension. When the liquidation is completed it is unlikely that any funds will be available to make a further payment to the appellant.
Determination
The Tribunal accepts that the termination of the appellant’s employment was dealt with by the Rights Commissioner. Neither party appealed the recommendation of the Rights Commissioner; therefore the recommendation remains in effect. Accordingly the Tribunal has no jurisdiction to hear the appeal under the Redundancy Payments Acts 1967 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)