EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD162/2014
CLAIM OF:
John Goss
Against
Ryanair Limited
and
Ryanair Limited
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms F. Crawford B.L.
Members: Mr C. Lucey
Mr A. Butler
heard this claim at Dublin on 31st March 2015
Representation:
_______________
Claimant:
Ms C Maguire B.L. instructed by Mr. Darach Connolly, Darach Connolly, Solicitors, Sunlight Chambers, 21 Parliament Street, Dublin 2
and
Mr Michael Landers, Impact, Nerneys Court, Off Temple Street, Dublin 1
Respondent:
Mr. Martin Hayden S.C. instructed by Mr Killian O'Reilly, McDowell Purcell, Solicitors, Capel Building, Mary's Abbey, Capel Street, Dublin 7
Background:
A preliminary determination was sought by the claimant’s representatives following an Application for an Adjournment of the matter on behalf of the claimant.
The claimant brings a claim under the Unfair Dismissals Act 1977 to 2007, following events which lead to a dismissal on 13th August 2013. The claimant also has a claim before the Equality Tribunal related to alleged discrimination on the notice given for retirement/ age grounds. The claimant seeks to adjourn the matter pending the determination of the claim before the Equality Tribunal.
Both parties have made written and oral legal submissions to the Tribunal on the issue of the adjournment application.
Preliminary Determination
Majority Decision
The Tribunal find by majority decision, after considering all submissions made that the application for the adjournment of the matter is refused. The matter will proceed to hearing and for determination of the substantive issue on the allocated dates in September 2015.
Further, it is decided that the fact that the claimant did not make an application within the period of 5 days when notice of the hearing date is given, does not debar a claimant from making an application to adjourn a case, however in this matter, considering all issues, the adjournment application until the determination of the Equality Tribunal Application is refused.
Dissenting Decision
The claimant seeks to adjourn the hearing of this case until the determination of an application made to the Equality Tribunal.
Section 101(2)(b) of the Equality Act 1998 (as amended) states
101. (2) Where an individual has referred a case to the Director under Section 77 (1) and either a settlement has been reached by mediation or the director has begun an investigation under Section 79, the individual
(a) shall not be entitled to recover damages at common law in respect of the case,
and
(b) if he or she was dismissed before so referring a case, shall not be entitled to seek redress (or to exercise or continue to exercise any other power) under the Unfair Dismissal Acts 1977 to [2007] in respect of the dismissal, unless the Director, having completed the investigation and in an appropriate case, directs otherwise and so notifies the complainant and the respondent.”
Upon considering the legal submissions and the legislation opened to the Tribunal, it is accepted that this section of the Equality Act 1998, acts as a stay (or a “freeze” as outlined in Paragraph 25 of the submission of the claimant to the Tribunal) or precludes the Employment Appeals Tribunal from hearing a claim under the Unfair Dismissals Act until the matter is determined and disposed of by the Equality Tribunal. It is accepted that a direction of the Equality Director is required in order that the matter proceed before the Employment Appeals Tribunal and the claimant will require the permission or a “passport” so to speak from the Equality Director before seeking redress under the Unfair Dismissals Act.
Therefore, the dissenting opinion/decision is that the application for an adjournment in order to conclude the claim before the Equality Tribunal be granted, as seems reasonable in the circumstances.
Determination
In all the circumstances, the application for an adjournment of the matter before the Employment Appeals Tribunal pending the determination of the case before the Equality Tribunal is refused.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)