EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Bridget (Bridie) Cox, - claimant UD1373/2012
against
Hse Mid West, - respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. E. Kearney B.L.
Members: Mr. W. O'Carroll
Ms H. Henry
heard this claim at Ennis on 20th February 2014
Representation:
_______________
Claimant: In Person
Respondent: Ms. Jacqueline Nix, St. Josephs Hospital, Human Resource Manager, HR Dept, HSE West, Mulgrave Street, Limerick
Preliminary Issue
This claimant retired from her employment in August 2008 (under circumstances that would go to the substantive issue of the case). The claim was not submitted to the Tribunal until August 2012. The claimant accepts that she did not submit her claim within the time limits as prescribed in the Unfair Dismissals Acts.
Determination
The Tribunal is bound by the time limits as prescribed in the Unfair Dismissals Acts i.e. the time limit for lodging a claim can be extended from 6 months to 12 months if there are exceptional circumstances. Although the claimant gave evidence of the exceptional circumstances that prevented her from lodging her claim, the claim was still lodged outside of the 12 months’ time limit if extended. The Tribunal, therefore, rules that it does not have jurisdiction to hear this case and the claim necessarily fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)