EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Patrycja Zorawek UD640/2012
against the recommendation of the Rights Commissioner in the case of:
Yves Rocher Ireland,
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. S. Behan BL
Members: Ms. M. Sweeney
Ms. H. Kelleher
heard this appeal in Cork on 13 September 2013
Representation:
_______________
Appellant(s):
Mr. Kieran McCarthy, Kieran McCarthy & Co., Solicitors,
Floor 3b, 6 Lapps Quay, Cork
Respondent(s):
Ms. Sophie Crosbie, IBEC,
Knockrea House, Douglas Road, Cork
The determination of the Tribunal was as follows:-
This case came to the Tribunal as an employee appeal under the Unfair Dismissals Acts, 1977 to 2007, against Rights Commissioner Recommendation r-113965-ud-11/RG.
The above case comes before the Tribunal on foot of a preliminary objection by the Respondent that the appeal of the Applicant of the Rights Commissioner’s recommendation made under the Unfair Dismissals Act 1977-2007 which was issued to the parties on the 13th February 2012 and notified to the parties on the 15th February 2012, was outside the six week time period specified pursuant to Section 9 (2) of the Unfair Dismissals Act 1977 to 2007.
In reaching the determination the Tribunal has had regard to the oral submissions made by the parties on the 13th September 2013 and further the written submissions of the parties, namely the submission of the Appellant of the 25th October 2013 and of the Respondent of the 25th October 2013.
The Rights Commissioner made a recommendation in relation to this matter on the 13th February 2012 and was stamped and received by SIPTU on the 15th February 2012. The Appellant completed a Workplace Relations Complaint Form which was received by the Department of Jobs, Enterprise, and Innovation on the 23rd March 2012. This document was forwarded to the Employment Appeals Tribunal and received by the Employment Appeals Tribunal on the 26th March 2012. It was not however forwarded by the Appellant either herself or on her behalf to the Employment Appeals Tribunal, but was forwarded by the Department of Jobs, Enterprise and Innovation. An appeal was also lodged by the Appellant to the Labour Court which said appeal bears a fax verification of the 28th March 2012 at 6.50 pm. This was forwarded to the Employment Appeals Tribunal and was received by the Employment Appeals Tribunal on the 29th March 2012. This document was not however forwarded either by the Appellant to the Employment Appeals Tribunal directly.
The Appeal was lodged with the Department of Jobs, Enterprise and Innovation.
A T1B Form dated the 5th April 2012 was lodged on behalf of the Appellant and received by the Employment Appeals Tribunal on the 23rd April 2012.
Determination:
Section 9 (2) of the Unfair Dismissals Act 1977 as amended by the Unfair Dismissals Amendment Act 1993 sets out that an appeal from a recommendation of a Rights Commissioner shall be initiated by a party by giving, within six weeks of the date on which the recommendation to which it relates was given to the parties concerned, a notice in writing (containing such particulars, if any ) as may be specified in Regulations under Section 17 of the 1977 Act for the purposes of Section 8 (Sub-Section 8) thereof to the Tribunal and stating the intention of the party concerned to appeal against the recommendation and a copy of the Notice shall be given to the other party concerned by the Tribunal as soon as may be after the receipt by it of the Notice.
This Section clearly sets out that the appeal shall be initiated by a party concerned which said Notice in writing shall be furnished to the Tribunal. This clearly envisages that the requirement is on the Appellant to serve the Tribunal directly. Certainty in the requirements of appeal is essential.
The appeal in this case was not served directly on the Tribunal by the Appellant either herself or on her behalf but was served initially on the Department of Jobs, Enterprise and Innovation and then on the Labour Court. Therefore the requirements as set out by Section 9 of the Unfair Dismissals Act 1977 as amended by the Unfair Dismissals (Amendment) Act 1993 have not been met.
The appeal was subsequently correctly served on the Tribunal but such service took place outside of the time limit allowed of six weeks.
In the circumstances the Tribunal finds that there is no jurisdiction to hear the appeal as it was not lodged in the manner envisaged and set out by Statute and accordingly the appeal under the Unfair Dismissals Acts, 1977 to 2007, is therefore dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)