PRELIMINARY DETERMINATION
EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
UD897/12
Declan Doyle - Claimant
Against
Roadbridge Civil Engineering & Building Contractors, - Respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. Hurley
Members: Ms M. Sweeney
Mr F. Dorgan
heard this claim at Limerick on 21st May 2014.
Representation:
Claimant: Mr. Paul Hutchinson BL, instructed by Mr Sean Ormonde, Sean Ormonde & Co, Solicitors,
Suite 19, The Atrium, Canada Street, Waterford
Respondent: Mr. Conor O'Connell, Construction Industry Federation,
Construction House, 4 Eastgate Avenue, Little Island, Cork
The determination of the Tribunal was as follows:-
Preliminary Determination:
The Tribunal has carefully considered the submissions made by the parties regarding the jurisdiction of the Employment Appeals Tribunal to hear the application by the claimant to bring a claim under the Unfair Dismissals legislation.
The respondent company is an unlimited company having its registered office in Limerick.
The claimant previously worked for the respondent company in the period 2005 to end of 2009.
Following a telephone call from the respondent company during 2010 the claimant was offered a contract of employment. His place of work was cited as Poland. He commenced working in Poland on 30th September 2010. He worked in Poland up until 9th March 2012 when his employment was terminated.
His place of residence is in Ireland. He was paid in euro through his Irish bank account every week and PAYE income tax and PRSI were deducted and paid to the Irish Revenue Commissioners. Any issues relating to his employment were dealt with by the company at its registered office in Kilkenny. The claimant was provided with accommodation while working in Poland and returned home to Ireland once every three week ends for a period of approximately three nights.
The Tribunal notes that the claimant’s contract of employment provides that Irish legislation will govern the terms of his employment with the company. In particular, paragraph 24 of his contract of employment states that “the terms of the Redundancy Payments Acts, Minimum Notice and Terms of Employment Acts, Organisation of Working Time and the Unfair Dismissals Acts will be observed”.
The claimant’s application under the Unfair Dismissals Acts, 1977 to 2007 is properly within the jurisdiction of the Tribunal.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)