UD990/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                  CASE NO.

EMPLOYEE                                                                                                  UD990/2012

-          Claimant

Against

EMPLOYER              -    Respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Mr. P.  O'Leary B L

Members:     Mr M.  Noone

                     Mr. J.  Dorney

heard this claim at Dublin on 21st October 2013.

Representation:

Claimant:        

Respondent:   

The determination of the Tribunal was as follows:-

Determination:

In the submissions made to the Tribunal by the parties it was noted that the claimant was given notice on 24^th August 2011 and dismissed on 2^nd September 2011.  If the claimant had been given his full statutory notice that dismissal date would have been 7^th September 2011.   The claimant had therefore six months from that date to put in his claim.

The claimant’s representative produced a copy of a letter that he sent with an application form to the Rights Commissioner.  The date of that letter was 8^th March 2012.  This letter if sent by pre-paid ordinary post would have arrived on 9^th March 2012 or possibly 10^th March 2012 and would therefore have been two or three days late for the purposes of the statutory time limit.

The Unfair Dismissals Act, 1977 as amended gives jurisdiction to the Tribunal to extend the six months’ time limit where “exceptional circumstances prevented the claimant from putting in his claim”.

The Tribunal could not find in the circumstances presented to it exceptional circumstances that prevented the claimant from putting in his claim.

In the circumstances the Tribunal has no jurisdiction to hear this case.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

             (CHAIRMAN)