UD1727/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                                  CASE NO.

Ian Harman                                                                                                     UD1727/2012

against

Cavan Co Council

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Mr R.  Maguire, B.L.

Members:     Mr. A.  O'Mara

                     Mr J.  Flannery

heard this claim at Cavan on 6th May 2015

Representation:

_______________

Claimant:          Damien Rudden, Solicitors, Stradone Village, Co Cavan

Respondent:     Mr Eamon Hunt, Local Government Management Services Agency,

                         Local Government House, 35-39 Ushers Quay, Dublin 8

Background:

The claimant worked for the respondent from 2006. In 2011 he was arrested and charged with an offence for which he is still in prison. This claim comes before the Tribunal under the Unfair Dismissals Acts, 1977 to 2001. At the outset of the hearing two issues arose by way of preliminary issue. Firstly, if the claim had been made within the statutory time limits and secondly whether the claimants contract of employment had been frustrated. The claimant was dismissed by letter dated 4^th April 2012. His claim was received by the Tribunal on 23^rd November 2012.      

Determination:

Section 8(2) of the Unfair Dismissals Act, 1977 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 section17 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, within 6 months of the date of the relevant dismissal and a copy of the notice shall be given to the employer concerned within the same period.”

No exceptional circumstances were advanced to extend this time limit under Section 8(2)(b).

As the claim was submitted outside the time permitted by the statute the Tribunal does not have jurisdiction to hear the claim. It was unnecessary, therefore, for the Tribunal to consider the second preliminary point as to whether or not the contact had been frustrated.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)