EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD1359/2014
CLAIM OF:
Colette McKenna
against
Brais Fast Food Limited T/A Smiths Diner
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms M. McAveety
Members: Mr. N. Ormond
Mr O. Nulty
heard this claim at Cavan on 3rd June 2015
Representation:
Claimant: In person
Respondent: Alastair Purdy, Purdy Fitzgerald, Solicitors, Kiltartan House,
Forster Street, Galway
Preliminary Issue:
The claimant submitted on her workplace relations complaint form that her employment was terminated on 26th February 2014. The form was received by the Tribunal on 17th September 2014 and as such was submitted outside the six-month time period allowed under the Unfair Dismissals Acts. The Tribunal may extend the period for a further six months if exceptional circumstances existed which prevented the claimant from lodging the claim within the statutory six-month period. The Tribunal heard evidence and submissions in respect of this preliminary issue.
Determination:
The Tribunal finds that the burden of proof has not been discharged by the claimant in this case. There was no evidence produced from within the six-month period to show exceptional circumstances. Accordingly the claim is statute barred.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)