UD757/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF: CASE NO.

Anthony Gaffney UD757/2013

- Claimant

against

Noyeks Limited

- Respondent

Under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman: Ms. P. McGrath B.L.

Members: Mr. B. Kealy

Mr. P. Trehy

heard this claim at Dublin on 20^th August 2014

Representation:

Claimant: Mr. K. Monahan BL instructed by:

Valerie Buckley, O’Connor Buckley Solicitors, 10, Courthouse Square, Tallaght,

Dublin 24

Respondent: In Person

The determination of the Tribunal was as follows:-

This order should be read with UD 984/2013 as they were heard in tandem.

Background:

The claimant was employed from the 1^st May 2003 until his dismissal on the 7^th September 2012. A claim under the Unfair Dismissals Acts, 1977 to 2007 was lodged with the Workplace Relations Customer Service on the 22^nd May 2013, some 8 months and 15 days after his dismissal.

A preliminary issue was raised by the respondent company as to the six-month time limit, as per the Act, to lodge a claim for unfair dismissal.

The claimant gave sworn evidence that the reason for the delay in submitting the claim was due to the fact he was arrested for alleged theft which lead to his dismissal and he did not want to lodge a claim until the matter was dealt with.

All criminal proceedings against the claimant in this matter were dropped against him.

Determination:

Section 7 (2) (a) and (b) of the Unfair Dismissals (Amendment) Act, 1993 states:

(2) A claim for redress under this Act shall be initiated by giving a notice in writing (containing such particulars (if any) as may be specified in regulations under section 17 of this Act made for the purposes of subsection (8) of this section) to a rights commissioner or the Tribunal, as the case may be -


(a) within the period of 6 months beginning on the date of the relevant dismissal, or
(b) if the rights commissioner or the Tribunal, as the case may be, is satisfied that exceptional circumstances prevented the giving of the notice within the period aforesaid, then, within such period not exceeding 12 months from the date aforesaid as the rights commissioner or the Tribunal, as the case may be, considers reasonable,
and a copy of the notice shall be given by the rights commissioner or the Tribunal, as the case may be, to the employer concerned as soon as may be after the receipt of the notice by the rights commissioner or the Tribunal.

There were no exceptional circumstances which prevented the claimant from submitting his claim form and the Tribunal has therefore not been given any real and substantial reason for extending the time. Accordingly, the Tribunal must decline jurisdiction in this matter.

Sealed with the Seal of the

Employment Appeals Tribunal

This ________________________

(Sgd.) ________________________

(CHAIRMAN)