EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
UD109/2012
Employee - claimant MN57/2012
Against
Employer - respondent
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: Mr T. Taaffe
Members: Mr. N. Ormond
Ms. E. Brezina
heard this claim at Dublin on 4 June 2013 and 5 December 2013
Representation:
Claimant(s) : Mr. John Greene,
PC Moore & Co, Solicitors, 17 South Great George's Street, Dublin 2
Respondent(s) : Peninsula Business Services,
Unit 3 Ground Floor, Block S, East Point Business Park, Dublin 3
The determination of the Tribunal was as follows:-
Determination
It is common case that the claimant commenced employment on the 24 September 2010 and that it concluded on the 12 December 2011.
The respondent having submitted that the Tribunal did not have jurisdiction to hear the claim it was agreed the parties would submit written submissions to the Tribunal for its consideration of the preliminary issue, the issue being that since the period of service exceeded the statutory required period of twelve months that the claimant was entitled to process his claim under the unfair dismissals legislation.
Written submissions were lodged to the Tribunal prior to the second hearing. To facilitate the communication of its decision to the parties at the earliest opportunity the Tribunal agreed to;
a) Retire to consider the issue
b) To communicate its decision verbally and
c) Undertake to set out in writing the reasons for its decision
The Tribunal determined that it did not have jurisdiction to hear the claim.
The Tribunal has carefully considered the documentation furnished and the submissions made. The claimant was employed on foot of a series of seven fixed term contracts which varied in duration and in hours worked, the contracts being punctuated on three separate occasions with two week, six week and finally six week gaps respectively between the completion of work and subsequent commencement of work.
The Tribunal having considered these contracts is satisfied and finds and determines that the issue and execution of them does not disclose any intention on the part of the parties to create and maintain a permanent employer / employee relationship between them. The Tribunal therefore finds and determines that the issuing of the contracts were not for the purpose of avoiding statutory liability under the aforesaid legislation.
The Tribunal finds and determines that it does not have jurisdiction to hear the case and the claim under the Unfair Dismissals Acts 1977 to 2007 and Minimum Notice and Terms of Employment Acts, 1973 to 2005 is therefore dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)