UD1439/2012, RP1038/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                 CASE NO.

                                                                                                                       UD1439/12

Employee        -           claimant                                                                      RP1038/2012

against

Employer         -           Respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. D. Mac Carthy S C

Members:     Mr P. Pierce

                    Mr C. Ryan

heard this claim at Dublin on 21st February 2014.

Representation:

Claimant:         In person

Respondent:   Ms. Fiona Higgins, Ibec, Confederation House, 84-86 Lower

                        Baggot Street, Dublin 2

The determination of the Tribunal was as follows:-

Determination:

The Tribunal heard submissions from both parties. The claimant’s date of termination of employment was 31^st July 2010 and his workplace relations form was lodged with the Tribunal secretariat on 11 September 2012.

Appeals under the Redundancy Payments Acts, 1967 to 2007 must be submitted to the Tribunal within fifty-two weeks of the date of termination of employment. Appeals lodged after the aforesaid period but within the period of one hundred and four weeks from the date of dismissal may be considered, subject to the claimant demonstrating reasonable cause for the delay in furnishing such an application within the time limit. As the appeal was lodged outside the period of one hundred and four weeks from the date of dismissal the Tribunal finds that it has no jurisdiction to hear the appeal.

Section 8 (2) of the Unfair Dismissals Act 1977 (as amended) states that a claim for redress under the Act must be presented to a rights commissioner or to the Tribunal, as the case may be, within 6 months beginning on the date of the relevant dismissal, or if the rights commissioner or the Tribunal, as the case may be, is satisfied that exceptional circumstances prevented the giving of 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.

As the claim was lodged more than two years after the termination of employment, the Tribunal has no jurisdiction under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

          (CHAIRMAN)