UD952/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                               CASE NO.

Breda O'Dwyer           -           claimant                                                                      UD952/2012

Against

Blockstar Limited       -           respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Mr P. Hurley

Members:        Mr D. Hegarty

                        Mr J. Flavin

heard this claim at Limerick on 24th April 2014

Representation:

_______________

Claimant:         Mr Brendan Gill, Maurice Power, Solicitors, Lord Edward Street,

Kilmallock, Co Limerick

Respondent:    Mr Ronan Hynes, Keating & Keogh, Solicitors, 91 O'Connell Street, Limerick

Preliminary Issue

Following a disciplinary process the claimant was dismissed by letter of the 26^th of July 2011. That letter stated that, ‘We have decided to terminate your employment with effect from the 10^th of August 2011, thereby giving you two weeks notice of termination. You will be paid up until that date.’

The claimant appealed this decision, and a meeting was held on the 17^th of November 2011. The appeal panel finalised the report on the 9^th of December 2011, upholding the decision to dismiss the claimant.

The respondent contends that as the claimant was very clearly notified that her employment had been terminated as of the 10^th of August 2011, and therefore her claim lodged with the tribunal on the 13^th of June 2012 is out of time. The respondent made extensive submissions on the case law supporting their position.

The claimant was represented by her union throughout the disciplinary process with the exception of the appeal meeting. Her understanding was that her employment status was not finalised until the conclusion of the appeal process. The claimant accepts that in the view of the respondent her employment was terminated in August 2011 and accepts she did not get paid after that date. On conclusion of the appeal process the claimant was involved in the care of her terminally ill father. She sought legal advice in early June 2012 and consequently lodged her claim with the Tribunal on the 12^th of June 2012. She was not aware of any time limits for making a claim to the Tribunal.

After the claimant received the letter of dismissal in July 2011 she took up new employment in nursing from the end of August 2011 until the 30^th of October 2011.

Determination

The Tribunal are satisfied that by taking up alternative employment in August 2011 the claimant accepted her dismissal as notified to her by letter of the 26^th of July 2011. Further, the claimant by being capable of taking up alternative employment, has demonstrated that no exceptional circumstances that would prevent her from lodging her claim within the 6 month time limit as prescribed in the Unfair Dismissals Acts 1977 to 2007 could exist.

Accordingly it must follow that the Tribunal has no jurisdiction to hear the claim under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)