EMPLOYMENT APPEALS TRIBUNAL
Raimundas Jocys -appellant
Walton Logistics Limited (In Liquidation) -respondent
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony B.L.
Members: Mr J. Hennessy
Ms S. Kelly
heard this appeal at Kilkenny on 2nd April 2015
Appellant: In person
Respondent: Mr Alan Haugh, A & L Goodbody, Solicitors, IFSC, North Wall Quay, Dublin 1
The appellant was employed from December 2008 with the respondent company. He submitted that his employment was terminated by the company on 7 November 2012 based on a P45 he received from the company. The appeal under the Redundancy Payments Acts was lodged with the Tribunal on 19 December 2013. The legal representative for the liquidator submitted that there was no reasonable cause to extend the time limit for for the lodgement of the appeal from 52 weeks to 104 weeks as per the legislation.
It was the appellant’s case that he was unaware at the time of 7 November 2012 that his employment was terminated. He was instructed by JW of the respondent on that date to remain in the vicinity as an offer of work would be forthcoming. Due to personal difficulties at that time the appellant was staying in a bed and breakfast. When he did not hear from JW he attempted to contact him on a number of occasions to no avail. Two weeks later he was informed that a letter had arrived at his previous postal address. The letter enclosed the appellant’s P45 and he considered this to mean that his employment was at an end and that there was no point in making any further attempts to contact the company again.
The appellant spent the next month seeking other employment in the area, to no avail. He then moved out of the area seeking work elsewhere but he was unsuccessful and became homeless as a result. During this time the appellant stayed at a number of shelters and he provided paperwork to the Tribunal to support his evidence.
During cross-examination it was put to the appellant that he had attended a solicitor in April 2013 but had not lodged his claim at that time. The appellant replied that he was dealing with a number of issues at that time including an illness.
The Tribunal finds that a redundancy situation existed in relation to the termination of the appellant’s employment. The appellant was told to wait for work however given that the company entered into liquidation less than three months later it is obvious that the company was in serious difficulty.
Given the appellant’s personal circumstances the Tribunal finds that reasonable cause exists to extend the time limit for the lodgement of his appeal under section 12 of the Principal Act as amended.
The Tribunal finds that the appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria:
Date of commencement: 20 December 2008
Date of termination: 7 November 2012
Gross Weekly Pay: €348.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal