UD16/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                   CASE NO.

Paulo Do Santos,                                                                                            UD16/2013

Against

Liffey Meats (Cavan) Ltd T/A Liffey Meats,

Under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr D. Hayes

Members:     Mr R. Murphy

                   Mr N. Dowling

heard this claim at Cavan on 16th April 2014

Representation:

_______________

Claimant:             Mr Dara Murtagh, Dara Murtagh, Solicitors, Main Street,

                            Kingscourt, Co Cavan

Respondent:       Mallon Solicitors, Glencarn Centre, Castleblayney, Co Monaghan

The determination of the Tribunal was as follows:-

Determination:

The Tribunal ruled on a preliminary issue that the claim was lodged outside of the six-month time limit from the date of termination of employment imposed by the Unfair Dismissals Acts, 1977 to 2001. The claimant is a Brazilian national whose last day of work with the respondent was 1^st June 2012. A T1A was submitted to the Tribunal on 3^rd December 2012. It was the claimant’s case that he still hoped to be re-engaged when a work permit issue was resolved.

Section 8 (2) of the Unfair Dismissals Act governs the time limits for initiating a claim. It states as follows,

A claim for redress under this Act shall be initiated by giving a notice in writing (containing such particulars (if any) as may be specified in regulations under section 17 of this Act made for the purposes of subsection (8) of this section) to a rights commissioner or the Tribunal, as the case may be, within 6 months of the date of the relevant dismissal and a copy of the notice shall be given by the Rights Commissioner or the Tribunal, as is the case may be, to the employer concerned as soon as may be after the receipt of the notice by the Rights Commissioner or the Tribunal.

Section 8 (2) b of the Unfair Dismissals Act 1993 as amended further provides as follows:

(2) (b) if the rights commissioner or the Tribunal, as the case may be, is satisfied that exceptional circumstances prevented the giving of the notice within the period aforesaid, then, within such period not exceeding 12 months from the date aforesaid as the rights commissioner or the Tribunal, as the case may be, considers reasonable,

The Tribunal is satisfied that the claim was lodged outside the initial period of six months. The question then arises as to whether circumstances exist that would permit the Tribunal to exercise its discretion to extend the time. It has long been held that the Tribunal’s discretion in this regard is limited.

The circumstances must be exceptional and they must have arisen during the initial period within which the claim should have been made. The Tribunal is not satisfied that any exceptional circumstance, such that would permit it to exercise its discretion, was shown.

The Tribunal, therefore, rules that it does not have jurisdiction to hear the claim under the Unfair Dismissals Acts, 1977 to 2007 and the claim is, accordingly, dismissed.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)