UD305/2012, RP259/2012, MN279/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIMS OF:                                                                                                 CASE NO.

EMPLOYEE                                                                                                  UD305/2012

            -claimant                                                                                              RP259/2012

                                                                                                                        MN279/2012

against

EMPLOYER  -respondent

EMPLOYER  -respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Ms P.  McGrath B.L.

Members:        Mr M.  Noone

                        Ms. P.  Ní Sheaghdha

heard this claim at Dublin on 26th July 2013

Representation:

_______________

Claimant:        

Respondent:   

Determination

The Tribunal has carefully considered the evidence adduced in this case. The Tribunal has considered a preliminary issue concerning the giving of a notice in writing to the Tribunal within the 6 month period after the termination of employment. The claimant’s employment ended on or about the 10^th of December 2010 and the T1A was received in the Tribunal on the 5^th of December 2011, just shy of the extra 6 month extension period allowed where the claimant can show that exceptional circumstances prevented him from lodging his claim with the Tribunal within the 6 month time period as prescribed in the Acts.   

The claimant gave evidence to the effect that he was forced to return to Poland to face criminal charges for which he had to serve a short one month sentence in or around January 2011. Whilst the claimant had made contact with his employer from Poland in writing he had not thought to ensure that the required notice to the Employment Appeals Tribunal would also be sent from Poland.

The Tribunal is not satisfied that the claimant has demonstrated he was in some way ‘prevented’ from making the required application and no exceptional circumstances (meaning out of the ordinary) existed which could persuade the Tribunal to extend the time limit from beyond the first 6 month period up to June 2011.  The Tribunal, therefore, rules that it does not have jurisdiction to hear this case and the claim necessarily fails.

The claimant selected to pursue a claim under the Unfair Dismissals Acts 1977 to 2007 and therefore the appeal under the Redundancy Payments Acts, 1967 to 2007 is dismissed.

The claimant gave evidence of his unavailability to work after his employment terminated, consequently the claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 fails.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)