UD1369/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                           CASE NO.

Hugh MacEvilly                                                                                                 UD1369/2013

against

Linkedin Ireland Limited T/A Linkedin

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. M. Levey B.L.

Members:     Mr. A. O'Mara

                    Mr P. Trehy

heard this claim at Dublin on 4th September 2014

Representation:

_______________

Claimant:         In person

Respondent:    Matheson Solicitors, 70 Sir John Rogerson's Quay, Dublin 2

The determination of the Tribunal was as follows:-

Preliminary Issue:

A preliminary application was raised as to whether the claimant had one year’s service.

The Tribunal heard evidence relating to the Preliminary Issue only.

The respondent’s representative told the Tribunal that the claimant commenced employment on 5^th March 2012 and that his employment was terminated at the end of expiration of his probation period on Friday 1^st February 2013. Copies of the claimant’s contract were provided to the Tribunal.

The initial six month probationary period had been extended to give the claimant an opportunity to improve but the respondent decided not to retain him. He was (on 1^st February) advised of the termination and told he would be paid one week’s pay in lieu of notice.

The claimant agreed that this had happened but contended that he did not have to accept payment in lieu of notice and turned up for work on the Monday 4^th February but was denied access to the building. He told the Tribunal that if he had been allowed work on that day his contract would then have required one month’s notice which would bring him over the one year of service.  

The Tribunal find that the relevant date of termination of employment appears from all the evidence to be the 8^th February 2013. It is clear from the documents produced that the employer had discretion to terminate the contract during the probationary period and reserved the right to pay the claimant in lieu of notice.  This being so, the claimant does not satisfy Section 2 (a) of the Unfair Dismissals Acts, 1977 to 2007. The Tribunal, therefore, rules that it does not have jurisdiction to hear the claim under the Unfair Dismissals Acts, 1977 to 2007 and the claim is, accordingly, dismissed.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)