EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD43/14
UD961/14
CLAIM OF:
Ausra Zemkute - claimant
Against
Capital Food Emporium Limited T/A Arnotts Department Store - respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms F. Crawford B.L.
Members: Mr. B. Kealy
Mr T. Brady
heard this claim at Dublin on 4th June 2015.
Representation:
Claimant: Mr. David Boughton BL, instructed by David Harrington, Keans, Solicitors, 2 Upper Pembroke Street, Dublin 2
Respondent: Mr. Joseph Bolger, Esa Consultants, The Novum Building, Clonshaugh Industrial Estate, Dublin 17
The determination of the Tribunal was as follows:-
Determination of the Preliminary Issue:
The Tribunal is required as a preliminary matter to determine whether it had jurisdiction to hear this claim under the Unfair Dismissals Acts 1977 to 2007.
Section 8(2) of the Unfair Dismissals Act, 1977 as amended by Section 7 of the Unfair Dismissals (Amendment) Act, 1993, provides 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,
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 has reviewed all the correspondence in this case on the files and also heard the submissions made by the parties to the Tribunal.
The Tribunal is not satisfied that the claim was received within the time limit provided in the Act.
Section 8(2) of the Unfair Dismissals Act, 1977 as amended by Section 7 of the Unfair Dismissals (Amendment) Act, 1993, specifically provides for an extension of time where an exceptional matter prevented the lodging of a claim.
The Tribunal is not satisfied that exceptional circumstances prevented the giving of notice within the period of 6 months beginning on the date of dismissal, and refuses to extend the period for the giving of notice to 12 months from the date aforesaid.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)