EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Employee UD432/2012
MN356/2012
against
Employer
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath B.L.
Members: Mr T. O'Sullivan
Mr J. Flannery
heard this claim at Dublin on 18th June 2013 and 17th December 2013
Representation:
_______________
Claimant: Mr Brendan Frawley, Kennedys, Solicitors, Ulysses House, Foley Street, Dublin 1
Respondent: In person
The determination of the Tribunal was as follows:-
Determination:
The Tribunal has carefully considered the evidence adduced and submissions made.
The Tribunal has a preliminary point to consider. The claimant was to demonstrate what exceptional circumstances prevented the claimant from getting her T1A notice to the Tribunal within the six month period immediately after the termination of the employment on 27th January 2012.
The Tribunal has found as a fact that the employment ended on the 27th January 2012 and the required time limit of 6 months expired on the 26th of July 2012.
The T1A was received on the 20th August 2012, some 21 days late.
The Tribunal was heard the claimants evidence and can make no finding that exceptional circumstances prevented the claimant getting her T1A in, on time. The claimant knew that there was a question mark as to who her employer was and certainly knew that the respondent should have been included in any claim for Unfair Dismissal. The claimant had the benefit of union and legal advice during the same six month period.
The Tribunal does not therefore have jurisdiction to hear this case.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)