UD1527/2010

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                               CASE NO.

Employee        –         claimant                                                                      UD1527/2010

against

Employer         –         respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Ms V. Gates

Members:        Mr T. O'Grady

                        Ms M. Mulcahy

heard this claim at Dublin on 19th December 2013

Representation:

_______________

Claimant(s):                 Ms Deirdre Canty

                                    SIPTU

                                    Liberty Hall, Eden Quay, Dublin 1

Respondent(s):            Ms. Mairead Crosby

                                    IBEC

                                    Confederation House, 84/86 Lower Baggot Street, Dublin 2

The determination of the Tribunal was as follows:-

Preliminary Issue:

The respondent’s representative submitted that the claimant had made a claim to the Equality Officer in respect of his dismissal. The case was heard on 16^th May 2013. The claimant was successful and received an award which the company has discharged. It was put that this being the case the Tribunal had no jurisdiction to hear the matter.

Determination:

It is clear that the claimant is prohibited, by virtue of section 101(2)(b) of the Equality Act 2004, from bringing a claim under the combined unfair dismissals legislation in circumstances where an investigation has begun or been dealt with by the Equality Director. In this case an investigation in respect of the discriminatory dismissal was made, heard and determined and an award issued. Therefore this Tribunal has no jurisdiction to hear the claim.  

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)