CORRECTING ORDER
EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Ronan Emmett – claimant UD1472/2013
against
Schneider Electric IT Logistics Europe Limited – respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms M. Levey BL
Members: Mr M. Noone
Mr Al Butler
heard this claim at Dublin on 28th October 2014
Representation
Claimant: In person
Respondent : Ms Mary Paula Guinness BL instructed by Mr Jim Trueick of
Eversheds Solicitors, One Earlsfort Centre, Earlsfort Terrace, Dublin 2
The determination of the Tribunal was as follows:-
This Order corrects the original order dated 20th November 2014 and should be read in conjunction with that Order.
Due to an error the reported dates for the termination of the claimant’s employment were incorrectly stated. This Order will correct these errors.
Preliminary Issue
The respondent’s legal representative submitted that the Tribunal does not have jurisdiction to hear this claim because it was lodged outside the statutory time period. The claimant’s complaint form was date stamped Received 28 June 2013. The claimant told the Tribunal that his date of dismissal was 28 December 2012 as that was the date he received his letter of dismissal. He also told the Tribunal that he had hand delivered his complaint form on 27 June 2013 and had been assured it would be accepted on that date. The respondent said that the date of dismissal was 27 December 2012.
Determination
The Tribunal carefully considered what both parties had to say. The Tribunal accepts that the claimant was dismissed on 27 December 2012. Therefore even if the complaint form had been lodged on 27 June 2013 it would have been outside the statutory time limit.
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)