UD2075/2011, MN2099/2011, WT827/2011

EMPLOYMENT APPEALS TRIBUNAL

CLAIMS OF:                                                                                                CASE NO.

                                                                                                                        UD2075/2011

EMPLOYEE -claimant                                                                               MN2099/2011

                                                                                                                        WT827/2011

Against

EMPLOYER -respondent

EMPLOYER -respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

ORGANISATION OF WORKING TIME ACT, 1997

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Ms O. Madden B.L.

Members:        Mr. A. O'Mara

                        Mr. J. Dorney

heard this claim at Dublin on 16th September 2013

Representation:

_______________

Claimant:         Mr. Conor Bowman B.L. instructed by,

                        Mr. Joseph Burke, McCartan & Burke Solicitors, Iceland House,

Arran Court, Smithfield, Dublin 7

Respondent:    Mr. Niall Handy B.L. instructed by

                        CCK Law Firm, 66 Fitzwilliam Square, Dublin 2

Preliminary Application

The respondent made an extensive submission on the law surrounding the time limit for lodging a claim under the Unfair Dismissals Acts and the exceptional circumstances required to extend that time limit.

The claimant was dismissed on the 1^st of April 2011. The T1A claim form was lodged with the Tribunal by fax on the 17^th of October 2011 with the original being received on the 27^th of October 2011. The claimant accepts that the claim was lodged outside of the 6-month time limit as prescribed in the Acts but maintains exceptional circumstances prevented her from lodging the claim.

The claimant gave evidence that her distressed state of mind prevented her from lodging the claim. Due to the termination of her employment the claimant was ‘devastated after what happened and couldn’t get herself together.’

The claimant sought and has been undergoing treatment for depression in Australia since April 2013. Other than the services of a Councillor when the claimant was a teenager, she did not seek medical attention for this condition before April 2013. No medical evidence was presented to the Tribunal.

While working for the respondent the claimant also had other employment. When she was dismissed from the respondent she continued in her other employment and increased her hours until she emigrated to Australia in May 2012.   In May 2011 the claimant wrote an e-mail to the respondent expressing her dissatisfaction at the unfairness of being dismissed. The e-mail also states that the claimant was seeking advice; the claimant gave evidence that this advice was from her mother.

Determination

Having heard all of the evidence adduced the Tribunal is not satisfied that any exceptional circumstances existed to prevent the claimant from lodging her claim within the 6-month time limit and therefore the Tribunal do not accept jurisdiction to hear this claim.

The claims under the Unfair Dismissals Acts, 1977 to 2007, Minimum Notice and Terms of Employment Acts, 1973 to 2005 and the Organisation of Working Time Act, 1997 are dismissed.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)