EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Brigid Donnelly - appellant TU2/2013
against the decision of the Rights Commissioner in the case of:
Galway Pregnancy Accommodation Support Limited - respondent
under
EUROPEAN COMMUNITIES (PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS) REGULATIONS 2003
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B L
Members: Mr T. Gill
Ms H. Murphy
heard this appeal at Galway on 9th April 2014
Representation:
_______________
Appellant(s) : In Person
Respondent(s) : Purdy Fitzgerald, Solicitors, Kiltartan House, Forster
Street, Galway
This case came before the Tribunal by way of an appeal by the employee (appellant) against the decision of the Rights Commissioner reference (r-125727-tu-12/SR) under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003.
Determination
The Tribunal heard evidence that the appellant’s transfer of employment to the respondent company occurred in July 2010. The claimant presented her complaint to the Rights Commissioner Service on 30 August 2012 which is more than two years after the transfer occurred. Regulation 10 (6) of the said Regulations states:
“ A rights commissioner shall not entertain a complaint under this Regulation unless it is presented to the commissioner within the period of 6 months beginning on the date of the alleged contravention to which the complaint relates, or where the rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within that period, such further period, not exceeding 6 months from the expiration of the first-mentioned period, as the rights commissioner considers reasonable.”
As the complaint was presented to the Rights Commissioner service outside of the maximum time limit as outlined above the Tribunal finds that it has no jurisdiction to hear the claim and the decision of the Rights Commissioner is upheld.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)