EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Employee – claimant UD1319/2012
MN785/2012
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: Ms N. O'Carroll-Kelly BL
Members: Mr D. Moore
Mr J. Maher
heard this claim at Dublin on 22nd November 2013
Representation:
_______________
Claimant(s): Mr Michael Kinsley BL, instructed by:
Mr Gheorghe Manea
Nahoi & Co Law Firm
334 North Circular Road, Phibsboro, Dublin 7
Respondent(s): Mr Alan Dodd BL, instructed by:
Mr Michael Traynor, Gill, Traynor, Solicitors
39-41 Sundrive Road, Kimmage, Dublin 12
The determination of the Tribunal was as follows:-
Determination on Preliminary Issue:
The claimant’s claim before the tribunal is under the Minimum Notice and Terms of Employment Act, 1973 – 2005 and the Unfair Dismissals Acts 1977- 2007. The claimant is a Romanian National. Under the Employment Permits Acts ordinarily the claimant would have required a work permit to work in this jurisdiction due to the fact that she is from Romania. There are exceptions to that general rule. The relevant exception states as follows:
“Romanian Student studying in Ireland – A Romanian national who is a student in the State and is enrolled on an academic course of more than one year’s duration at a college listed on the Internationalisation Register on the Department of Education and Science Website is permitted to take up casual employment defined as up to 20 hours part-time work per week and fulltime during college vacation periods. The Romanian student should provide evidence to their employer in relation to this. It should be noted that on completion of their course of studies, an employment permit will be required for twelve months. “
Romanian nationals legally working in Ireland at the date of accession and admitted to the labour market in Ireland for an uninterrupted period of 12 months or longer will enjoy access to the labour market in Ireland. That access becomes permanent after an uninterrupted period of 12 months.
The claimant was enrolled in the Institute of European Education, a college listed on the Internationalisation Register on the Department of Education and Science Website, from November 2009 to November, 2010. She worked with the Respondent for five months during that period. Therefore the claimant satisfies the legal criteria and on that basis the Tribunal finds that it does have jurisdiction to hear the matter.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)