UD78/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                               CASE NO.

Employee        -           claimant                                                                UD78/2012

against

Employer         -           respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr J. Revington S.C.

Members:     Mr T. O'Grady

                    Mr J. Flannery

heard this claim at Dublin on 17th May 2013

Representation:

_______________

Claimant:             Mr Ian McKenna, O'Donnell McKenna, 26 Upper Pembroke

                            Street, Dublin 2

Respondent:        McDowell Purcell, Solicitors, The Capel Building, Mary's Abbey, Dublin 7

A preliminary issue was raised by the respondent as to whether the claimant had taken her appeal to the Tribunal prior to the cessation of her employment.

Determination:

The Tribunal regretfully find that the relevant date of cessation appears from all the uncontested evidence to be the 31^st January 2012. The form T1A dated 14^th January 2012 was received by the Tribunal on the 20^th January 2012.

This being so the claimant does not satisfy Section 1 of the Unfair Dismissals Acts, 1977 to 2007 date of dismissal means –

(a)   where prior notice of the termination of the contract of employment is given and it complies with the provisions of that contact and of the Minimum Notice and Terms of Employment Act 1973, the date on which that notice expires,

(b)   where either prior notice of such termination is not given or the notice given does not comply with the provisions of the contract of employment of the Minimum Notice andTerms of Employment Act , 1973, the date on which such a notice would have expired, if it had been given on the date of such termination had been expressed to expire on the later of the following dates –

(i)                 “the earliest date that would be in compliance with the provisions of the contract of employment”

(ii)    “the earliest date that would be in compliance with the provisions of the Minimum    Notice and Terms of Employment Act, 1973”

Accordingly, the claim under the Unfair Dismissals Act 1977-2007 fails.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)