EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Antanas Jakubenas – claimant UD421/2013
Against
Ktech Security Limited – respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr T. Taaffe
Members: Mr R. Murphy
Mr F. Keoghan
heard this claim at Dublin on 9th April 2014
Representation:
_______________
Claimant(s) : In person
Respondent(s): Mr William Joyce
Business & Commercial Solicitors
Leeson Chambers, 32 Lower Leeson Street, Dublin 2
The determination of the Tribunal was as follows:-
Preliminary Issue:
A preliminary issue arose in regard to this case. The respondent produced a Rights Commissioner recommendation involving the same parties under the same Act dated 22nd February 2013. Accordingly, it was put that the Tribunal did not have jurisdiction to hear the claim.
Section 8 (1) of the Unfair Dismissals Act 1977 states that:-
“A claim by an employee against the employer for redress under this Act for unfair dismissal may be brought by the employee before a rights commissioner or the Tribunal and the commissioner or Tribunal shall hear the parties and any evidence relevant to the claim tendered by them and, in the case of a rights commissioner, shall make a recommendation in relation to the claim, and, in the case of the Tribunal, shall make a determination in relation to the claim”.
Section 8 (5) of the Unfair Dismissals Act, 1977 states that:-
“………the Tribunal shall not hear a claim for redress under this Act (except by way of appeal from a recommendation of a rights commissioner)-
(a) if a rights commissioner has made a recommendation in relation to the claim…”
As this is a direct claim to the Tribunal and not an appeal of a recommendation of a Rights Commissioner the Tribunal declines jurisdiction as the matter has already been adjudicated upon by a Rights Commissioner.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)