EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Noel Quinlan UD49/2014
against
Retlaw Gutters Limited
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. K. Buckley
Members: Mr. D. Hegarty
Mr. O. Wills
heard this case in Cork on 10 February 2015
Representation:
_______________
Claimant(s):
Mr. Terence J. O'Sullivan,
Terence J. O'Sullivan, Solicitors,
6 Lapps Quay,
Cork City
Respondent(s):
Mr. David Browne,
McNulty Boylan & Partners, Solicitors,
Clarke's Bridge House,
Hanover Street,
Cork
The determination of the Tribunal was as follows:-
The case before the Tribunal is one of constructive dismissal.
The Respondent’s Representative sought to make a preliminary point before the hearing commenced.
The date of dismissal is stated to be the 22nd of February 2013. An Application to the Employment Appeals Tribunal must be made within six months of the date of dismissal. The Application in this case was not received by the Employment Appeals Tribunal until the 4th of November 2013, which was in excess of eight months after the alleged dismissal. The Respondent’s Representative stated that exceptional circumstances had to be shown by a Claimant to have this period of six months extended.
The Claimant’s Representative stated that his client suffered from depression after the loss of his job and was “a broken man”. Evidence of this would be forthcoming from DS (a Retired Director of Psychiatric Services) who was also a brother in law of the Claimant.
Asked by the Tribunal if the Claimant had a GP or a Psychiatric Report, the Claimant’s Representative replied that the Tribunal could hear from the Claimant and from those around him. A Medical Report was not available, nor was a Medical Practitioner present to give evidence.
The Respondent’s Representative contended that medical evidence was offered in other cases where time was extended. He also contended that a Psychiatric Nurse would not be an appropriate witness particularly given that there was a family connection. The Respondent’s Representative stated that the Claimant was in a position to submit and submitted an Application for redundancy payment and in a position to submit an application to the Injuries Board during this six month period. The Respondent’s Representative said that it was difficult to accept that the Claimant could process these claims, but was so overwhelmed that he was unable to submit a claim to the Employment Appeals Tribunal at the same time. There would also be evidence that the Claimant was able to work elsewhere during that period.
A considerable amount of case law was submitted or referenced by both sides.
DETERMINATION
The Tribunal very carefully considered the submissions adduced by both parties in this case. On the basis of the evidence tendered and in particular the lack of medical evidence from the Claimant’s Doctor, the Tribunal is not satisfied that sufficient evidence of exceptional circumstances was before it to show that the Claimant had been prevented from lodging an Unfair Dismissal’s claim within six months of termination of employment.
The Tribunal was not presented with medical evidence from the Claimant’s Doctor which would ordinarily be required to support an Application that the Claimant was medically unfit to initiate a claim during the initial six month period. This evidence should be from the General Practitioner, Psychiatrist or Psychologist.
Whilst casting no aspersion on the bona fides of the Claimant’s brother in law, the Tribunal did not consider it appropriate that the evidence of a Psychiatric Nurse who is related to the Claimant be tendered in evidence.
Accordingly, the Claimant’s claim is out of time.
The claim under the Unfair Dismissals Acts, 1977 to 2007, fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)