Ex-gratia payment

[suelinn]

Hi, I was made redundant from a university in April 2010 after 7 years service, I only received statutory redundancy at the time. There was a case in the paper last week where an employee of UCC who was made redundant in 2009 took a case against UCC for ex-gratia payment. The labour court awarded her 6 weeks per year. UCC appealed and last week the High Court upheld the ruling.

My question is can I now go back to my ex-employer and seek my ex-gratia payment?

"IFUT said today's outcome would have immediate positive implications for other third-level workers in similar situations."

I would appreciate any advice anyone may have. Thanks

 

[sunnygirl]

Hi Suelinn,

It was my understanding that an employer is under no obligation to pay anything above statutory?

 

[Ildánach]

Hi Suelinn,

It was my understanding that an employer is under no obligation to pay anything above statutory?

There may be an obligation to pay more than statutory if this is based on the terms of the contract of employment.

 

[Ildánach]

There is a general 12 month time limit to make a claim to Employment Appeals Tribunal for redundancy. This can be extended to 24 months at the discretion of the Tribunal in exceptional circumstances.

You should approach your employer first and see what they say, if they refuse, then you could make an out of date claim. You should take legal advice. Are you a member of a Trade Union? If not, then check your local FLAC clinic www.flac.ie