EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP837/2014
APPEAL OF:
Krzysztof Woloszyn
against
David Dullohery
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K. T. O'Mahony B.L.
Members: Ms M. Sweeney
Mr O. Wills
heard this appeal at Cork on 13th April 2016
Representation:
Appellant : Mr Daniel Snihur, Independent Workers Union, 55 North Main Street, Cork
Respondent : David J O'Meara & Sons, Solicitors, Bank Place, Mallow, Co Cork
The fact of redundancy was not in dispute in this case. However, the respondent contended that the redundancy appeal was lodged outside the statutory 52 weeks’ time limit, depriving the Tribunal of jurisdiction to hear the appeal.
The decision of the Tribunal was as follows:
Preliminary Issue
The appellant’s employment with the respondent was terminated on 16 October 2012 but his appeal for a redundancy payment under the Redundancy Payments Acts was not lodged until 23 September 2014. The appellant also has/had a personal injuries action against his employer and was not aware that an appeal for a redundancy payment was a separate matter. The Tribunal was satisfied that the appellant’s confusion was genuine and that it satisfied the test of reasonable cause, allowing for the extension of time to lodge his redundancy appeal.
Determination
As the fact of redundancy was not in dispute, the appellant is entitled to a redundancy lump sum payment under the Redundancy Payment’s Acts, 1967 to 2007, based on the following:
Date of Commencement: 01 January 2010
Date of Termination : 16 October 2012
Gross Weekly Wage: €600.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
A statutory weekly ceiling of €600.00 applies to payments from the Social Insurance Fund.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)