UD210/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                          CASE NO.

                                                                                                                        UD210/2013

Employee        -           appellant                                            

against the recommendation of the Rights Commissioner in the case of:

Employer

                        - respondent

Employer

                        - respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. T. Ryan

Members:     Mr. E. Handley

                    Mr. D. Thomas

heard this appeal at Dublin on 17^th January 2014

Representation:

Appellant(s) :

Respondent(s) : Rep

This case came before the Tribunal by way of an appeal by an employee against a decision of the Rights Commissioner under the Unfair Dismissals Acts, 1977 to 2007 ref: r-066499-ud-08/EOS.

The decision of the Tribunal was as follows:-

Preliminary Matter:

The claimant submitted a claim to the Equality Officer in respect of his dismissal. The claimant was unsuccessful and appealed the decision. The decision to dismiss was also upheld. The Chairperson of the Tribunal raised the issue that the Tribunal may not have jurisdiction to hear the appeal.

Determination:

It is clear that the appellant 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)