EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Romans Korolovs – appellant UD174/2013
v
Pembroke Distributors Limited – respondent
against the recommendation of the Rights Commissioner in the case of:
Romans Korolovs
v
Pembroke Distributors Limited
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms M. Levey B.L.
Members: Mr C. McHugh
Mr C. Ryan
heard this appeal at Dublin on 14th March 2014
Representation:
_______________
Appellant(s): Mr Michael McCormack BL, instructed by:
Mr John R. Hennessy
Hennessy & Perrozzi
Solicitors, Burgundy House, Forster Way, Swords, Co. Dublin
Respondent(s): Company representation
This case came before the Tribunal by way of an employee appealing the recommendation of a Rights Commissioner under the Unfair Dismissals Acts, 1977 to 2007, ref: r-124404-ud-12/JT.
The determination of the Tribunal was as follows:-
Preliminary Issue:
The Tribunal received the appeal form outside the six week period allowed. The Rights Commissioner issued the recommendation on 29th November 2012. The Tribunal received the appeal on 25th January 2013. The appellant’s representative submitted that the appellant had signed the form T1B on 30th November 2012 at his solicitor’s office and that this had been posted to the Tribunal. However, there was no documentary evidence of this and the solicitor who it was suggested posted the form was no longer with the firm and was not at the hearing to give evidence on the matter.
The Tribunal, therefore, rules that it does not have jurisdiction to hear the appeal and the Rights Commissioner recommendation stands.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)