EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD1493/2014
CLAIM OF:
Paul Lyons
- Claimant
against
Alstom Transport Ireland Limited
- Respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr J. O’Neill
Mr N. Dowling
heard this claim at Dublin on 11th June 2015
Representation:
Claimant: In Person
Respondent: Catriona Forsyth, IBEC, Confederation House, 84/86 Lower Baggot Street, Dublin 2
The determination of the Tribunal was as follows:-
Background:
The claimant was employed from the 13th September 2011 until his employment was terminated on the 31st March 2014. A claim under the Unfair Dismissals Acts, 1977 to 2007 was lodged with the Workplace Relations Customer Service on the 20th October 2014, some 6 months and 20 days after his dismissal.
A preliminary issue was raised by the respondent company as to the six-month time limit, as per the Act, to lodge a claim for unfair dismissal.
The claimant gave sworn evidence that the reason for the delay in submitting his claim was due to the fact that he was informed by the respondent that his position no longer existed. However a full time position was advertised by the respondent on the 15th October 2014, the claimant deemed this very unfair and lodged an unfair dismissals claim.
The claimant had already lodged a claim under the Redundancy Payments Acts, 1967 to 2007 to the Employment Appeals Tribunal on the 10th April 2014.
Determination:
Section 7 (2) (a) and (b) of the Unfair Dismissals (Amendment) Act, 1993 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.
There were no exceptional circumstances which prevented the claimant from submitting his claim form and the Tribunal has therefore not been given any real and substantial reason for extending the time.
Accordingly, the Tribunal must decline jurisdiction in this matter.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)
EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Paul Lyons, 8 Chapel Farm Crescent, Lusk, Co. Dublin UD1493/2014
- Claimant
against
Alstom Transport Ireland Limited, 1st Floor, 13-17 Dawson Street, Dublin 2
- Respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr J. O’Neill
heard this claim at Dublin on 11th June 2015
Representation:
Claimant: In Person
Respondent: Catriona Forsyth, IBEC, Confederation House, 84/86 Lower Baggot Street, Dublin 2
The determination of the Tribunal was as follows:-
Background:
The claimant was employed from the 13th September 2011 until his employment was terminated on the 31st March 2014. A claim under the Unfair Dismissals Acts, 1977 to 2007 was lodged with the Workplace Relations Customer Service on the 20th October 2014, some 6 months and 20 days after his dismissal.
A preliminary issue was raised by the respondent company as to the six-month time limit, as per the Act, to lodge a claim for unfair dismissal.
The claimant gave sworn evidence that the reason for the delay in submitting his claim was due to the fact that he was informed by the respondent that his position no longer existed. However a full time position was advertised by the respondent on the 15th October 2014, the claimant deemed this very unfair and lodged an unfair dismissals claim.
The claimant had already lodged a claim under the Redundancy Payments Acts, 1967 to 2007 to the Employment Appeals Tribunal on the 10th April 2014.
Determination:
Section 7 (2) (a) and (b) of the Unfair Dismissals (Amendment) Act, 1993 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. |
There were no exceptional circumstances which prevented the claimant from submitting his claim form and the Tribunal has therefore not been given any real and substantial reason for extending the time.
Accordingly, the Tribunal must decline jurisdiction in this matter.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)