UD1472/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                   CASE NO.

Ronan Emmett – claimant                                                                             UD1472/2013

against

Schneider Electric IT Logistics Europe Limited – respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms M. Levey BL

Members:     Mr M. Noone

                    Mr Al Butler

heard this claim at Dublin on 28^th October 2014

Representation

Claimant:                    In person

Respondent     :           Ms Mary Paula Guinness BL instructed by Mr Jim Trueick of

                                    Eversheds Solicitors, One Earlsfort Centre, Earlsfort Terrace, Dublin 2

The determination of the Tribunal was as follows:-

Preliminary Issue

The respondent’s legal representative submitted that the Tribunal does not have jurisdiction to hear this claim because it was lodged outside the statutory time period. The claimant’s complaint form was date stamped Received 28 June 2013. The claimant told the Tribunal that his date of dismissal was 28 January 2013 as that was the date he received his letter of dismissal. He also told the Tribunal that he had hand delivered his complaint form on 27 June 2013 and had been assured it would be accepted on that date. The respondent said that the date of dismissal was 27 January 2013.

Determination

The Tribunal carefully considered what both parties had to say. The Tribunal accepts that the claimant was dismissed on 27 January 2013. Therefore even if the complaint form had been lodged on 27 June 2013 it would have been outside the statutory time limit.

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

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)