UD717/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                                CASE NO.

Ian Andrew Donnelly,                                                                                                UD717/2013

against

Kevin Prendergast,

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr G Hanlon

Members:     Mr C. Lucey

Mr S O Donnell

heard this claim at Dublin on 9th May 2014

Representation:

_______________

Claimant:             Coughlan White & Partners, Moorefield Road, Newbridge, Co Kildare

Respondent:       Michael O’Neill Solicitor, Kingscourt, 33 South Main St., Naas, Co Kildare

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 representatives of both parties were in agreement that the date service ended with the respondent was 17^th October 2012. A T1A was received by the Tribunal on 9^th May 2013.

The Tribunal considered the application and advised the parties that as per Section 8 (2) of the Unfair Dismissals Act,

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.

.

The Tribunal then gave further consideration to Section 8 (2) b of the Unfair Dismissals Act 1993 as amended.

(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,

Having considered the evidence submitted the Tribunal ruled that there were no exceptional circumstances as described by the said Acts to cause this delay. The Tribunal, therefore, rules that it does not have 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)