EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
EMPLOYEE, UD15/12, RP11/2012
MN6/2012,WT2/2012
against
EMPLOYER
Under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
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: Ms P. McGrath B.L.
Members: Mr E. Handley
Mr D. Thomas
heard this claim at Dublin on 5th September 2013
Representation:
Claimant: In person
Respondent :
Determination
The Tribunal has carefully listened to the evidence adduced. The claimant says she was unfairly dismissed by reason of having been unfairly selected for redundancy on the 20th of March 2011. The claimant says she was replaced the next day, a fact denied in evidence by the respondent.
The Tribunal has to decide by way of a preliminary issue whether the exceptional circumstances prevented the claimant from submitting her notice of intention to bring a claim under the Unfair Dismissal legislation within six months of the date of termination. The claimant’s complaint form was received on the 10th January 2012, nearly ten months after the termination of employment.
It is clear to the Tribunal that the claimant was actively looking for various aspects of employment redress on a date unknown but before August 2011 (as evidenced by communication with NERA). The claimant cannot therefore claim that she was prevented from bringing her claim under the Unfair Dismissals Acts within the appropriate time. She was actively looking for implementation of her rights within five months of her termination.
The claim under the Unfair Dismissals Acts, 1977 to 2007 must therefore fail as no exceptional circumstances were shown to have prevented its submission within the appropriate time period.
The appeal under the Organisation of Working Time Act, 1997 also fails.
The Tribunal is satisfied that the respondent adhered to the appellant’s entitlements under the Minimum Notice and Terms of Employment Acts, 1973 to 2005. Accordingly the appeal under those Acts also falls.
It is clear to the Tribunal that the claimant’ employment with the respondent was terminated by way of redundancy and that now she has received a statutory payment under the Redundancy Payments full Acts, 1967 to 2007. Accordingly, the Tribunal cannot allow the appeal under those Acts.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)