EMPLOYMENT APPEALS TRIBUNAL
COMPLAINT OF: CASE NO.
Grayling Communications I11/2013
against the decision of The Minister of Social Protection
in the case of :
PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACTS, 1984 TO 2004
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr. T. O’Grady
Mr. M. Mulcahy
heard this complaint at Dublin on 28th November 2014
Complainant: Not Present or Represented
Respondent: Conor Dunne, Higher Executive Officer, Redundancy Payments Section,
Department of Social Protection, Block C, Floor 2, Earlsfort Centre,
Lower Hatch Street, Dublin 2
The declaration of the Tribunal was as follows:-
This case came before the Tribunal by way of an appeal against the decision of the Minister for Social Protection.
Two employees (RS and CW) of the appellant company in this matter were awarded a redundancy payment in the sum of €15,816.00 each following their termination of employment on the 31st December 2011. The appellant was entitled to apply for a rebate from the Redundancy Section of the Department of Social Protection in the sum of €18,979.20) (this being €9489.60 for each employee) and submitted the RP50 forms to claim these rebate on the 24th April 2013.
An Officer from the Redundancy Section of the Department of Social Protection wrote to the appellant on the 25th May 2013 informing them that as the form was not submitted within six months of the employee’s termination they, the appellant, “did not qualify for a Redundancy Rebate”.
The appellant appealed the Minister of Social Protection decision to the Employment Appeals Tribunal on the 5th September 2013.
The Tribunal are satisfied the appellant was properly notified of the date, time and location of the hearing. Neither they nor a representative on their behalf attended.
Accordingly, the appeal under the Protection Of Employees (Employers' Insolvency) Acts, 1984 To 2004 fails for want of prosecution.
Sealed with the Seal of the
Employment Appeals Tribunal