EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Anne Clancy TU65/2012
- appellant
against the recommendation of the Rights Commissioner in the case of:
Paul Partnership
- respondent
under
PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS REGULATIONS 2003
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. Hurley
Members: Mr. W. O'Carroll
Mr D. McEvoy
heard this appeal at Limerick on 29th July 2014
Representation:
_______________
Appellant(s) : Ms Deirdre Canty, SIPTU, Liberty Hall, Dublin 1
Respondent(s) : Dundon Callahan Solicitors, 17 The Cresent, Limerick
This case came before the Tribunal by way of an appeal by the employee (appellant) against the decision of the Rights Commissioner (r122363-tu-12) under the EC (Protection of Employees on transfer of undertakings) Regulations 2003.
Determination
The appellant’s employment transferred to the respondent company under the TUPE regulations in June 2011. She was issued with a contract of employment by the respondent company dated 21 June 2011. This contract of employment made no reference to a payment of a Christmas bonus payable to the appellant.
The appellant gave evidence that in December 2011 she became aware that she was not going to receive a Christmas bonus which she had normally received from her previous employer prior to the transfer of her employment. The Tribunal does not accept that any alleged contravention of the Act occurred for the first time at this point as the appellant was clearly provided with a contract of employment on 21 June 2011.
The appellant subsequently lodged her claim for the non-payment of the bonus with the Rights Commissioner Service on 30 April 2012. This was outside of the six months time limit prescribed under section 10 (6) of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, S.I. No 131/2003. The Tribunal is satisfied that no exceptional circumstances existed which prevented the appellant from lodging her claim within this prescribed time limit.
Accordingly, as the claim was not lodged within the time limit as specified by the Statutory Instrument the Tribunal finds that it has no jurisdiction to hear the appeal.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)