EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Walterley Domingos De Oliveira
- claimant
UD1591/2013
against
Lisk Ireland Limited
- respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Fahy B.L.
Members: Mr. W. O'Carroll
Ms H. Henry
heard this claim at Galway on 19th February 2015
Representation:
_______________
Claimant(s) : Ms. Deirdre Waldron BL instructed by Charles Foley, Solicitors, Market
Square, Gort, Co Galway
Respondent(s) : Mr Tom Mallon BL instructed by FG MacCarthy, Solicitors, Loughrea,
Co Galway
Preliminary Issue
The respondent’s representative raised a preliminary issue on the jurisdiction of the Tribunal to hear this case in that the complaint form was lodged with the Workplace Relations Customer Service on 13 November 2013, which was some three weeks outside the statutory six months’ time limit for lodging a claim under the Unfair Dismissals Acts.
The date of termination of employment was 22 April 2013. The claimant’s representative told the Tribunal that while the date of dismissal was 22 April 2013, an appeals process was not concluded until 28 June 2013, which was the date of communication of the outcome of the appeal.
However, the letter of dismissal of 22 April 2013 set out inter alia that, “Should your appeal not be upheld, your date of dismissal will remain effective from today 22 April 2013”. The claimant’s appeal failed.
Determination on Preliminary Issue
It was accepted by both parties that the date of dismissal was 22 April 2013. Accordingly, as the claim was submitted to the Workplace Relations Customer Service outside of the six months’ statutory time limit, and no exceptional circumstances for extending that period of time were put forward by the claimant’s representative, the Tribunal declines jurisdiction.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)