EMPLOYMENT APPEALS TRIBUNAL
CLAIMS OF: CASE NO.
Mary Maguire UD1506/2013
- Claimant
Against
St. Catherines Association Limited
- Respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. J. McGovern BL
Members: Mr. R. Murphy
Mr. A. Butler
heard this claim at Dublin on 8th January 2015
Representation:
Claimant: In Person
Respondent: Mr. Stephen O’Sullivan BL instructed by:
Damien Conroy, Augustus Cullen Law, Solicitors, 7 Wentworth Place,
Wicklow
The determination of the Tribunal was as follows:
Background:
The respondent provides care services at various locations with over 200 employees in a number of care homes and special school. It is funded by the HSE. The claimant was employed from the 8th October 1998 as a Nurse. The claimant’s employment terminated on the 16th July 2011. A Workplace Relations Complaint Form making a claim under the Unfair Dismissals Acts, 1977 to 2007 was lodged on the 8th October 2013.
Respondent’s Position:
The respondent representative raised a preliminary issue in relation to the six –month time limit in which a claim can be lodged under the Unfair Dismissals Acts, 1977 to 2007. The claimant was dismissed on the 16th July 2011 but did not submit her claim until the 8th October 2013, some 2 years and 3 months later.
Claimant’s Position:
The claimant agreed her date of termination was in fact the 16th July 2011. She had retained the services of a solicitor who had completed a Workplace Relations Complaint Form and lodged this form with the Workplace Relations Complaint Services on the 16th May 2012. This form stated her complaint fell under “terms of employment, payment of wages, contract of employment”. There was no reference to a claim for unfair dismissal.
This form was returned to the claimant’s solicitor for amendment by Workplace Relations Complaint Services citing the following queries:
“It is not clear which body you wish to take your case to.
Details of the Body and legislation to take a case must be added.”
They requested the amended form be returned for processing.
The claimant told the Tribunal that she had been totally unaware this form had been returned to her legal advisor and was also totally unaware this solicitor she had retained, had not made the amendments required to this form and duly resubmitted it for processing.
Another form with a detailed complaint under the Unfair Dismissals Acts, 1977 to 2007 was lodged to the Workplace Relations Complaint Services on the 8th October 2013.
The claimant stated she had been totally unaware there was a time limit in which to lodge such claims. She had been under the advice of her solicitor at the time and believed the solicitor had dealt with the matter promptly. This, she stated, was the reason for the late filing of the complaint form.
Determination:
The Tribunal has carefully considered the submissions adduced by both parties in this matter.
Section 8 (2) of the Unfair Dismissals Act, 1997 states:
“) 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, within 6 months of the date of the relevant dismissal and a copy of the notice shall be given to the employer concerned within the same period.”
This Section of the Act was amended by Section 7 of the Unfair Dismissals (Amendment) Act, 1993 which 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. |
The Tribunal cannot accept the compliant form lodged on the 16th may 2012 as being a valid claim for redress for unfair dismissal as there is no reference to same anywhere in the form.
In the circumstances the application for an extension of time pursuant to Section 7 (2) (b) of the 1993 Act must fail.
Further, the Tribunal has no jurisdiction to hear the claim made under the Unfair Dismissals Acts, 1977 to 2007 as it was lodged two years and three months after the date of dismissal.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)