UD2035/2011

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                  CASE NO.

EMPLOYEE                                                                                      UD2035/2011

                                     - Claimant

against

EMPLOYER                          - Respondent

EMPLOYER              - Respondent

EMPLOYER              - Respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Ms. Catherine Egan BL

Members:     Mr T.  Gill

                     Ms H.  Murphy

heard this claim at Galway on 18th June 2013

Representation:

Claimant(s) :  In Person

Respondent(s) :

A preliminary issue was raised by the representative for the respondent regarding the six-month time limit to lodge a claim under the Unfair Dismissals Acts, 1977 to 2007.

The claimant left her employment on April 18^th 2011.  A T1A form was lodged with the Secretariat of the Employment Appeals Tribunal on October 18^th 2011.

The determination of the Tribunal was as follows:-

Background:

The claimant gave evidence under oath and stated that she commenced employment as a teacher with the respondent on September 30^th 1998.  Problems arose in the workplace, and due to ill health the claimant left her employment.  The claimant informed the Tribunal that she had no alternative but to leave her employment and that it was a very difficult decision to make.  When asked, the claimant stated that her health had been affected greatly and she had been under medical care.  She confirmed she had received legal advice.

Determination:

The Tribunal has carefully considered the evidence adduced and the submissions in relation to the preliminary issue.  It is noted from the file that the claim was lodged on October 18^th 2011. 

On the following day, 19^th October 2011, the Secretariat of the Employment Appeals Tribunal wrote to the claimant advising her of the six-month time limit in submitting a claim under the Unfair Dismissals Acts, 1977 to 2007.  The letter also stated that this period could be extended to twelve months if exceptional circumstances existed.

In her sworn evidence the claimant has not shown that there were exceptional circumstances pertaining to her claim.

By reasons of the matters aforesaid and pursuant to Section 8 (2) (b) of the Unfair Dismissals (Amendment) Acts, 1993, the Tribunal finds that it has no jurisdiction to hear the case. The provisions of this said Section is mandatory.

Accordingly the Tribunal has no jurisdiction to hear this claim under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)