EMPLOYMENT APPEALS TRIBUNAL
| CLAIM OF: | CASE NO. |
| EMPLOYEE – Claimant | UD339/2012 |
| against | |
| EMPLOYER -Respondent | |
| under |
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr C. Corcoran BL
Members: Mr J. Goulding
Mr J. Maher
heard this claim at Dublin on 16 September 2013
Representation:
Claimant:
Respondent:
The determination of the Tribunal was as follows:
Preliminary Issue
A preliminary issue was raised on behalf of the respondent in respect of the Tribunal’s jurisdiction to hear the claim under the Unfair Dismissals Acts.
The claimant was employed from April 2002. On 25 February 2011 the respondent wrote to the claimant to advise that he had been dismissed for gross misconduct and that he was to be dismissed without notice. The claimant appealed the decision to dismiss him and the result of the appeal, which confirmed the decision to dismiss the claimant, was communicated to the claimant in a letter of 22 July 2011. The claimant’s form WRC in which his claim was submitted was received by the Tribunal on 16 February 2012.
It was the respondent’s position that as 16 February 2012 was more than six months after the date of dismissal on 25 February 2011 there was no jurisdiction to hear the claim unless the claimant could satisfy the Tribunal that exceptional circumstance prevented the lodging of the claim within six months of the date of dismissal thereby allowing the Tribunal to extend the time in which to lodge the claim. The claimant’s solicitor gave evidence to the Tribunal and during cross-examination accepted that form WRC as lodged on 16 February 2012 contained no information which had not been available to the claimant on or around 1 August 2011. The claimant’s position was that in order to pursue the within claim it was necessary for the claimant to obtain a transcript of the appeal hearing and, due to impecuniosity, this had not been possible until December 2011 when his solicitor purchased the transcript at his own expense.
Determination
When the respondent wrote to the claimant on 25 February 2011 it was to dismiss him for gross misconduct without notice. There was no claim before the Tribunal under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 and the Tribunal is satisfied that 25 February 2011 was the date the dismissal was effected. Section 8 (2) (a) of the Unfair Dismissals Acts provides a period of six months after the dismissal in which to lodge a claim. The claimant was aware of the rejection of his appeal by the letter of 22 July 2011; this was some five months post dismissal leaving approximately one further month in which to lodge his claim. Accordingly, the Tribunal is satisfied that the claimant has not shown that exceptional circumstances prevented the lodgement of his claim within the six months of the date of dismissal so as to allow an extension to twelve months as provided in Section 8 (2) (b) of the Unfair Dismissals Acts. It follows there is no jurisdiction to hear the claim under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)