EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Sylvia Bielecka UD1413/2012
Against
C.H. Kane Limited T/A Kanes Supervalu
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Dr A. Courell B.L.
Members: Mr. D. Morrison
Ms. A. Moore
heard this claim at Sligo on 24th July 2014
Representation:
_______________
Claimant: Mr Trevor Collins, Mullaneys, Solicitors, Thomas Street, Sligo
Respondent: Mr. Donncha O'Connor, Johnson & Johnson, Solicitors, Ballymote, Co Sligo
Preliminary Issue:
The representatives submitted that the claimant had made a claim to the Equality Tribunal in respect of her dismissal. The case went to mediation in late 2012 and submissions have been forwarded to an equality officer.
Determination:
It is clear that the claimant is prohibited, by virtue of section 101(2)(b) of the Equality Act 2004, from bringing a claim under the combined unfair dismissals legislation in circumstances where an investigation has begun or been dealt with by an Equality Officer. In this case an investigation in respect of the dismissal has begun. Therefore this Tribunal has no jurisdiction to hear the claim.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)