UD1729/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                                        CASE NO.

Rafal Siwak    -           claimant

                                                                                                                                 UD1729/2012

against

Ballinrobe Waste Disposal Limited    -           respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Dr. A. Courell B.L.

Members:     Mr. D. Morrison

                    Mr T. Gill

heard this claim at Castlebar on 12th May 2014

Representation:

_______________

Claimant(s) :         Mr Brian Jennings BL instructed by McDarby & Co., Solicitors, Glebe

                              Street, Ballinrobe, Co Mayo

Respondent(s) :     Peninsula Business Services (Ireland) Limited,

                             Unit 3, Ground Floor, Block S, East Point Business

                             Park, Dublin 3

Determination

The claimant’s employment with the respondent company commenced on 7 March 2007. He remained in employment until the termination of his employment on 11 February 2014 when he was issued with his P45. He had been absent from his employment from 7 August 2012 on certified sick leave and submitted regular medical certificates for this absence. He submitted his claim form for Unfair Dismissal to the Tribunal on 25 October 2012. This date predates the date of dismissal.

The Tribunal finds that the date of dismissal was 11 February 2014 (the date the P45 issued). Accordingly, in those circumstances, as the claim form submitted to the Tribunal secretariat predated the date of dismissal the Tribunal declines jurisdiction to hear this case.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)