Redundancy Claims – Delay in Bringing the Claim

By January 25, 2021Uncategorized

Redundancy Claims – Delay in Bringing the Claim

This issue arose in case ADJ-00025678 where the claim was lodged outside the statutory period. For a Redundancy Payment Act Claim the period is one year. This can be extended to two years. In this case the former employee had been advised by the employer that all matters would be dealt with. It was only when the employee received a letter from the Department of Social Protection informing him of the withdrawal of the claim that he understood that matters had not been dealt with. The case of Alert One Security – Taimoor Khan DWT1572 was quoted. That is a case where the Labour Court held

“In general, ignorance of one’s legal rights, as opposed to the underlying facts giving rise to those rights, cannot be accepted as excusing a failure to comply with a statutory time limit. In the instant case the claimant if not relying on ignorance of the law, per say. Rather, as the court understands it, he is relying on the combined effect of his lack of knowledge of how to process a claim and on the assurances given to him by the respondent that he was either receiving his legal entitlements or that those entitlements would be met by the respondent. In that regard it is well settled that material misrepresentation by a party which caused or contributed to a delay in initiating a claim can constitute reasonable cause which both explains the delay and provides a justifiable excuse for that delay. In all the circumstances the Court is satisfied that the respondents’ misrepresentations to the claimant constitutes reasonable cause for the delay in presenting the within claim.”

In this case the Adjudication Officer extended the time.

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Richard Grogan

Author Richard Grogan

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