EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Esther Magee RP851/2014
against
Andrew G. Morrow T/A David Wilson & Co., Solicitors
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Dr. A. Courell B.L.
Members: Mr. D. Morrison
Ms. R. Kerrigan
heard this appeal at Letterkenny on 13th January 2016
Representation:
_______________
Appellant: In person
Respondent: Not present or represented
Background:
There was no appearance by the respondent company which no longer operates. The appellant completed the date of termination on the Workplace Relations complaint form as having taken place in March 2011. The appeal was lodged with the Tribunal on 30 September 2014.
The appellant gave uncontested evidence to the Tribunal that her former employer informed her in March 2011 that he no longer had any work for her and that he was making her redundant. He also informed her that he did not have the money to pay her redundancy but that she could apply to the Social Insurance Fund.
The Tribunal received the appellant’s complaint form on 30th September 2014. She said that the reason for the delay was because her sister worked for the respondent until April 2014 and she did not want to put her job at risk.
Determination:
The Tribunal has 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 is bound by the provisions of the legislation.
The appeal under the Redundancy Payments Acts, 1967 to 2007, is statute barred and therefore cannot be heard by the Tribunal.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)