EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Majorie Duffy - Appellant
J & J Foody Enterprises Limited - Respondent
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. M. Gilvarry
Members: Mr. D. Morrison
heard this appeal at Letterkenny on 19th May 2014
Appellant : In Person
Respondent: Not Present Or Represented
The decision of the Tribunal was as follows:
The appellant was dismissed from her employment on the 6th September 2009 She lodged her original T1A form to the Employment Appeals Tribunal to claim a redundancy payment under the Redundancy Payments Acts, 1967 to 2007 on the 11th October 2011, some 2 years and 2 months after her employment was terminated.
On the 26th August 2013 a second T1A form with a termination date of the 6th September 2009 was lodged to the secretariat of the Employment Appeals Tribunal, this being some 3 years and 11 months after her employment was terminated.
Section 24 of the Redundancy Payments Acts, 1967, (amended by Section 12 (1) and (2) of the Redundancy Payments Acts, 2003) states that a claim for a redundancy payment must be lodged with the Employment Appeals Tribunal within 12 months of the date of termination. This time limit can be extended by a division of the Tribunal, in reasonable circumstances, for a further 12 months to bring the time limit up to 24 months after the date of termination. However, these appeals were not submitted to the Employment Appeals Tribunal until a further after the two year time limit had lapsed.
This being the case, the appeal under the Redundancy Payments Acts, 1967 to 2007 fails as the Tribunal have no jurisdiction to hear the appeal.
Sealed with the Seal of the
Employment Appeals Tribunal