UD1417/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                        CASE NO.

Kim Leong Lim - claimant                                                                                   UD1417/2013      

against the recommendation of the Rights Commissioner in the case of

Oceanic Supply Limited T/a Cheong Heng Hong - respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Mr P. Hurley

Members:     Ms M Sweeney

                     Mr F. Dorgan

heard this claim at Limerick on 21^st April 2015

Representation:

Appellant:                   Mr David McHugh BL instructed by Mr Ruairí O’Donnell of PA Martin

                                    & Co Solicitors, 11 Lower Hartstonge Street, Limerick

Respondent:                Mr Gary Keogh of Gary Keogh & Co Solicitors

                                    57 O’Connell Street, Limerick

This case came before the Tribunal as an appeal by an employee against the recommendation of the Rights Commissioner reference number r-128279-ud-12/MH under the Unfair Dismissals Acts 1977 to 2007.

Preliminary Issue

The respondent’s legal representative applied to have the appeal struck out on the basis that the Tribunal did not have jurisdiction to hear it because the original complaint was not filed within the statutory time period.

The appellant was dismissed on 17^th August 2011. Following his dismissal the appellant went to the Limerick Citizens Information Service for advice and he completed a complaint form that was posted to the LRC on 10^th November 2011. When no reply was received a second complaint form was lodged. This second complaint was received by the LRC on 21^st November 2012 and was outside the statutory time period.

The appellant’s representative requested that the Tribunal hear the Appeal on the basis that the appellant lodged his complaint in November 2011. The respondent’s representative resisted this request.

Determination

The Tribunal carefully considered the application before it. The Tribunal is constrained to operate within the statutory provisions. Without a copy of the supposed original complaint form or any covering letter for it from November 2011 and in the absence of any evidence of posting the Tribunal has no evidence for the existence of the lost first complaint form and so cannot hear the appeal on the basis that it was completed and lodged within the statutory time.

The Tribunal also finds that the second complaint form was lodged outside the statutory time period. Accordingly, the Tribunal had no jurisdiction to hear the appeal. The recommendation of the Rights Commissioner under the Unfair Dismissals Acts 1977 to 2007 is upheld.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)