EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Employee - claimant UD1249/2012
against
Employer - respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Lucey
Members: Mr D. Hegarty
Mr F. Dorgan
heard this claim at Cork on 21st February 2014
Representation:
_______________
Claimant: Padraig J. Sheehan, Solicitors, Village Green House, Douglas West, Douglas, Co Cork
Respondent: IBEC, Confederation House, 84/86 Lower Baggot Street, Dublin 2
Background:
The claimant commenced employment on the 8th September 2008. He lodged a claim under the Unfair Dismissals Acts, 1977 to 2007 to the Employment Appeals Tribunal on the 30th July 2012. The claimant stated that his date of notice was 12th January 2012 and the date of termination was the 31st January 2012.
Preliminary Issue:
The respondent’s representative raised a preliminary issue in relation to the six-month time limit in relation to lodging a claim for unfair dismissal with the Employment Appeals Tribunal. The claimant’s final payslip and an e-mail from him dated 2nd January, stating he was terminating his employment with immediate effect were provided as evidence of his resignation to the Tribunal. No notice period was given to the respondent. The respondent’s representative stated that this was outside the six-month time limit to lodge a claim and therefore the claimant must show exceptional circumstances for the Tribunal to extend the time to twelve months.
The claimant’s representative contended that a four week notice period, as per the claimant’s contract, should be taken into account, therefore bringing the claimant within the necessary time limit. A request was also made at this time to adjourn the hearing to allow for the representative to pursue the exceptional circumstances with the clamant should the preliminary issue fall on the notice period grounds.
Determination:
It was agreed by the parties, following submissions, that the Tribunal would give preliminary consideration to the question as to whether it has jurisdiction to hear the claim.
After careful consideration the Tribunal is satisfied that the claimant resigned from his position on 2nd January 2012 and accepted the date of the termination as being that date. The claimant offered no notice period as per his contract to the respondent. It is therefore found that since the date of the lodgement of the claim is outside the statutory period referred to, that the question of whether the Tribunal has jurisdiction to hear the claim requires to be addressed.
The Tribunal did not accede to the request to adjourn the hearing and determined that the parties should be prepared for such an eventuality at the commencement of a hearing. It is therefore found and determined that the Tribunal does not have jurisdiction to the claim, under the Unfair Dismissals Acts, 1977 to 2007, which is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)