EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Adam Banasiak UD705/2013
claimant
against
Royal Victoria Eye And Ear Hospital
respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr R. Maguire, B.L.
Members: Mr W. Power
heard this claim at Dublin on 7th March 2014
Representation:
_______________
Claimant(s): Colin Jennings BL instructed by O'Hanrahan & Company Solicitors,
Lexington House, 71 Ballybough Road, Fairview, Dublin 3
Respondent(s):Ms. Anne Byrne, IBEC, Confederation House, 84/86 Lower
Baggot Street, Dublin 2
The determination of the Tribunal was as follows:-
The representative for the respondent outlined to the Tribunal that the claimant commenced employment on the 1 May 2011 and was dismissed on the 28 August 2012. He lodged an appeal with the Employment Appeals Tribunal on the 8 May 2013 and the claim is outside of the time limits as provided in section 8(2) of the Unfair Dismissals Act 1977. The claimant was never an employee of the respondent.
The representative for the claimant outlined to the Tribunal that there was a degree of confusion and a set of circumstances which resulted in the claimant being left in limbo and he did not know who he should have brought the claim against.
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 2007. The Tribunal finds 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 this case and the claim fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)