UD1320/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                    CASE NO.

Liam Smith – claimant                                                                                  UD1320/2013

against

Marks & Spencer Irl Limited – respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Mr. C. Corcoran BL

Members:       Mr L. Tobin

                        Ms M. Mulcahy

heard this appeal at Dublin on 11^th December 2014.

Representation

Claimant:        In person

Respondent:    Mr. David Farrell of IBEC,

                        84/86 Lower Baggot Street, Dublin 2

The decision of the Tribunal was as follows:

Preliminary Issue

The claimant made his claim for unfair dismissal outside the 6 month statutory time period. He was informed by the Tribunal that in order to be granted an extension of the time period he must show that exceptional circumstances had prevented him from making his claim within the statutory time.

The claimant told the Tribunal that following the termination of his employment in February 2013 he had remained psychologically engaged with the respondent until September 2013. During that period he sought medical help but he chose not to divulge any information regarding his medical circumstances deeming this information private.

Determination

The Tribunal finds that insufficient evidence was forthcoming from the claimant to enable it to extend the statutory time for making a claim. Accordingly the Tribunal has no jurisdiction to hear the claim under the Unfair Dismissals Acts 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

               (CHAIRMAN)