EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD244/2014
MN87/2014
CLAIM OF:
Cathy Callanan -claimant
Against
Waterford and Wexford Education and Training Board -respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr N. Russell
Members: Mr J. Hennessy
Ms S. Kelly
heard this claim at Waterford on 15th January 2015
Representation:
_______________
Claimant: Mr. Derek Dunne B.L. instructed by,
David Burke & Co, Solicitors, 24 Mary Street, Dungarvan, Co Waterford
Respondent: Mr. Richard Neville, O'Flynn Exhams, Solicitors, 58 South Mall, Cork
Background
The claimant was employed with the respondent as a School Completion Project Co-ordinator from March 2007 until her dismissal on the 21st of May 2013. The claim was lodged with the Tribunal on the 11th of February 2014. Section 8 (2) of the Unfair Dismissals Act 1977 as amended states that;
‘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,’
The claimant gave evidence of her circumstances after her dismissal that may have prevented her from lodging her claim within the 6-month time period as prescribed.
Determination
Having heard the evidence of the claimant, considered the documentation and authorities proffered and having heard the submissions of the legal representatives for both parties, the Tribunal finds that the claimant has failed to establish exceptional circumstances which would have prevented her from lodging her claim in a timely fashion and, accordingly the application to extend time pursuant to Section 8 (2) (b) of the Unfair Dismissals Act 1997 as amended fails.
The claims under the Unfair Dismissals Acts 1977 to 2007 and Minimum Notice and Terms of Employment Acts, 1973 to 2005 are dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)