EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Margaret Reilly, RP554/2013
- Appellant 1
Gennte Meskiene, RP555/2013
- Appellant 2
against
Wagala Limited T/A Bay View Hotel (In Receivership) - Respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. E. Daly BL
Members: Mr. D. Morrison
Mr. M. McGarry
heard this appeal at Letterkenny on 4th April 2014
Representation:
Appellant : Moya O’Donnell, Moya O’Donnell & Co., Solicitors, Elmwood Terrace, Main Street,
Killybegs, Co. Donegal
Respondent: Not Present or Represented
The decision of the Tribunal was as follows:
Background:
Both appellants were dismissed from their employment on the 20th September 2010. Both appellants lodged their Workplace Relations Complaint forms to claim redundancy payments under the Redundancy Payments Acts, 1967 to 2007 on the 16th May 2013, some 2 years and 8 months after they were dismissed.
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 8 months had lapsed.
Determination:
This being the case, the appeals under the Redundancy Payments Acts, 1967 to 2007 fail as the Tribunal have no jurisdiction to hear the appeals.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)