TU56/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                                        CASE NO.

Kevin Carroll

 - appellant                                                                                                                   

                                                                                                                                   TU56/2013

against the decision of the Rights Commissioner in the case of:

Aer Lingus Limited

 - respondent

under

PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS REGULATIONS 2003

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Ms. M.  Levey B.L.

Members:     Mr F.  Cunneen

                     Mr. S.  O'Donnell

heard this appeal at Dublin on 27th March 2015

Representation:

_______________

Appellant(s) :       In Person

Respondent(s) :   Mr Tom Mallon BL instructed by Arthur Cox, Solicitors, Earlsfort Centre,

                            Earlsfort Terrace, Dublin 2

This case came before the Tribunal by way of an appeal by the employee (appellant) against the decision of the Rights Commissioner (r-133060-tu-11/JT) under the E.C. (Protection of Employees on Transfer of Undertakings) Regulations 2003.

Determination

Having considered the submissions of both parties the Tribunal is satisfied that the appellant was never an employee of the respondent company. This was acknowledged in the Circuit Court by counsel for the appellant.

The contention put forward by the appellant that he was an employee of the respondent could only have arisen if a transfer of undertakings had occurred. If such a transfer were to have occurred it would have occurred in 2009. The appellant lodged his appeal with the Rights Commissioner service under the Transfer of Undertakings Regulations in 2013, some 3 years later. Section 10(6) of the aforementioned regulations provides that:

“ A rights commissioner shall not entertain a complaint under this regulation unless it is presented to the commissioner within the period of 6 months beginning on the date of the alleged contravention to which the complaint relates, or where the rights commissioner is satisfied that exceptional circumstances prevented the presentation  of the complaint within that period, such further period, not exceeding 6 months from the expiration of the first-mentioned period, as the rights commissioner considers reasonable.”

As the claim was lodged outside of the above time limit, the Tribunal declines jurisdiction.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)