EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE - claimant UD459/2012
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. T. Ryan
Members: Mr J. Goulding
Mr D. Thomas
heard this appeal at Dublin on 10th June 2013
Representation:
Claimant(s) :
Respondent(s) :
The determination of the Tribunal was as follows:-
This case came before the Tribunal by way of an appeal by the employee against the recommendation of a Rights Commissioner reference – R-107549-UD-11/RG under the Unfair Dismissals Acts 1977 to 2007
Preliminary Issue
At the commencement of the hearing the respondent’s representative raised the matter of the date the appeal of the Rights Commissioner’s recommendation was made to the Tribunal. The Rights Commissioner’s recommendation is dated the 27 January 2012 and the appeal was not lodged until the 15 March 2012 and therefore outside the time limit for bringing an appeal. The claimant’s representative referred the Tribunal to a letter dated the 27 February 2012 which stated that the claimant wished to appeal the recommendation.
On this preliminary issue the Tribunal was overwhelmingly of the view that the letter dated 27 February 2012 is sufficient notification of an appeal and the Tribunal therefore has jurisdiction to hear the appeal.
Determination
In relation to the substantive case the Tribunal notes that the date of the claimant’s dismissal was agreed as the 16 March 2010. The claimant’s evidence to the Tribunal was that an internal appeal concluded around the 26 March 2010 which upheld the decision to dismiss him from his employment. Following the internal appeal he had discussions with his union representative and signed a T1A form. He believed that his claim was lodged by his union and was aware of long waiting times for a hearing date. He recalled contacting the Employment Appeals Tribunal and the Labour Relations Commission in May 2010 to check the status of his appeal and was informed that no such documentation was lodged. Unsure of the procedures he continued to follow up on the matter with his union and in March 2011, following legal advice, completed and returned a new T1A application. He originally relied on his union to lodge the documentation and believed the relevant application was lodged and for that reason exceptional circumstances existed preventing him from filing the T1A within the statutory time limit.
The Tribunal considered submissions by both sides. No additional evidence was heard in the appeal. The claim under the Unfair Dismissals Acts 1977 to 2007 was lodged on the 15 March 2012 well outside the statutory time limit. The Tribunal is not satisfied that the circumstances in this case were exceptional and therefore do not extend the time limit for bringing the appeal.
The Tribunal upholds the recommendation of the Rights Commissioner and the appeal fails
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)