EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE -appellant
UD2277/2011
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: Mr N. Russell
Members: Mr J. Hennessy
Mr A. Butler
heard this appeal at Carlow on 3rd July 2013
Representation:
Appellant: Mr Seamus Dowling, Ballon Enterprise Board, Ballon, Co Carlow
Respondent: Mr. Brian O’Sullivan, IBEC, Confederation House, 84/86 Lower Baggot Street, Dublin 2
Background:
This case came before the Tribunal by way of an employee (the appellant) appealing against the recommendation of a Rights Commissioner under the Unfair Dismissals Acts, 1977 to 2007, reference: r-108625-ud-11/EH.
The recommendation of the Rights Commissioner was dated 14 September 2011 and it was the respondent’s case that the decision had issued to the parties on that date. The appellant confirmed that she was informed by the Rights Commissioner of the prescribed six-week time limit for appeal.
However, the appellant’s T1B form was dated 22 November 2011 and was lodged with the Tribunal on 23 November 2011. The appellant stated that she had written a letter towards the end of October 2011 stating that she wished to appeal the recommendation of the Rights Commissioner but she was unable to inform the Tribunal as to where she had submitted this letter.
Determination:
Section 9(2) of the Act as amended states: “An appeal under this section shall be initiated by a party by giving, within 6 weeks of the date on which the recommendation to which it relates was given to the parties concerned, a notice in writing (containing such particulars (if any) as may be specified in regulations under section 17 of this Act for the purposes of section 8 (8) thereof) to the Tribunal and stating the intention of the party concerned to appeal against the recommendation and a copy of the notice shall be given to the other party concerned within the said period of 6 weeks.” |
The appellant failed to lodge the appeal with the Tribunal within the specified six week time limit. The Tribunal does not have the discretion to extend this period and accordingly must dismiss the appeal (reference r-108625-ud-11/EH) under the Unfair Dismissals Acts, 1977 to 2007, for want of jurisdiction.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)