EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE RP735/2012
MN644/2012
WT286/2012
against
EMPLOYER
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. O'Leary BL
Members: Mr. F. Moloney
Mr. F. Keoghan
heard this appeal in Dublin on 3 September 2013
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
No attendance or representation
The decision of the Tribunal was as follows:-
The appellant, a gardener, claimed that his employment with the respondent, which commenced in 1996, ended without notice by reason of redundancy on 31 August 2010.
A claim was also made under the Organisation of Working Time Act, 1997, in respect of holidays outstanding at the time of termination of employment with the respondent.
The respondent embassy disputed the jurisdiction of the Tribunal to hear a complaint and/or an appeal of any person employed by the embassy pursuant to the Vienna Convention on Diplomatic Relations, 1961, and, in particular, Article 31 thereof.
Determination:
While the Tribunal is fully aware that in normal circumstances the claimant might be entitled to relief under Irish legislation were he not working for an embassy, as embassies have sovereign immunity, the Tribunal has no alternative but to refuse jurisdiction. The claims under the Redundancy Payments Acts, 1967 to 2007, the Minimum Notice and Terms of Employment Acts, 1973 to 2005, and the Organisation of Working Time Act, 1997, fail.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)