UD1398/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                            CASE NO.

EMPLOYEE  -appellant

UD1398/2012

against the recommendation of the Rights Commissioner in the case of:

EMPLOYER  -respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms P. McGrath B.L.

Members:     Mr E. Handley

                    Mr S. O'Donnell

heard this appeal at Dublin on 8th November 2013

Representation:

Appellant:       In person

Respondent:    Arthur Cox, Solicitors, Earlsfort Centre, Earlsfort Terrace, Dublin 2

This appeal came before the Tribunal by way of an employee (the appellant) appealing against the Recommendation of a Rights Commissioner (reference: r-119700-ud-12/JT)

Determination on preliminary issue:

The appellant comes before the Tribunal on appeal from the finding of a Rights Commissioner dated 1^st August 2012 at which time the Rights Commissioner refused jurisdiction on the grounds of the claim being brought out of time.

The Tribunal deals with this matter by way of a de novo hearing. There can be no doubt that the appellant was made redundant on the 31^st July 2011. The fact of her imminent redundancy was made known to the appellant in early June 2011 and that a dismissal therefore took place.

The legislation prescribes that the appellant had six months from the date of dismissal to bring a notice in writing to the Tribunal or Rights Commissioner of her intention to bring a claim under the Unfair Dismissals legislation. The legislation clearly states the “notice in writing” must be given to the Tribunal or Rights Commissioner to stop time running and the appellant cannot rely on a belief that such a notice having been posted is sufficient.

The Tribunal can extend the six month period but only where the appellant can show that exceptional circumstances prevented her from lodging the claim. The appellant has not demonstrated the existence of the necessary “exceptional circumstances” and the Tribunal does not accept that a mediation process running concurrently in this period (and having to do with an unrelated interview process) in any way prevented the appellant from giving her written notice to the Rights Commissioner service or to the Tribunal, on or before the 30^th January 2012. The Tribunal finds that it does not have jurisdiction to hear the claim under the Unfair Dismissals Acts, 1977 to 2007. Accordingly, the Tribunal confirms the finding of the Rights Commissioner (reference: r-119700-ud-12/JT)and upholds same.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)