EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD97/2014
MN42/2014
CLAIMS OF:
Robertas Akelaitis -Claimant
against
Lidl Ireland Gmbh T/A Lidl -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: Ms B. Glynn
Members: Mr P. Pierson
Ms H. Henry
heard this claim at Mullingar on 9th April 2015
Representation:
Claimant: Mr. Shane Geraghty BL instructed by
Ms Emeria Flood, Nooney & Dowdall, Solicitors, 16 Mary Street, Mullingar, Co. Westmeath
Respondent: Mr. Marcus Dowling BL instructed by
Mr Killian O'Reilly, McDowell Purcell, Solicitors, Capel Building, Mary's Abbey, Capel Street, Dublin 7
Background preliminary point:
The Tribunal heard a preliminary point: A claim under the Unfair Dismissals Acts, 1977 to 2007 must be submitted with 6 months of the date of dismissal and the claim was not submitted within six months as outlined in the Act of 1977, However the the Tribunal can extend the period to one year, as per the amended Act of 1993, provided that the claimant can show that exceptional circumstances prevented him from lodging the claim within the said six month period.
Determination:
S.7 of the 1993 Act:
“( 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 Tribunal having heard the evidence adduced by the Claimant and a witness on his behalf determines that no evidence was adduced to show that exceptional circumstances prevented him from lodging a claim under the Unfair Dismissals Acts, 1977 to 2007. The Tribunal declines jurisdiction to hear the claim under the Unfair Dismissals Acts, 1977 to 2007.
No evidence was adduced under the Minimum Notice and Terms of Employment Acts, 1973 to 2005. Accordingly, the Tribunal makes no finding under that Act.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)
Claimant: Mr. Shane Geraghty BL instructed by
Street, Mullingar, Co. Westmeath