UD640/2014

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                  CASE NO.

John Craig – claimant                                                                                                UD640/2014

against

McCormack’s Garage (Sligo) Limited – respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Ms M. McAveety

Members:       Mr D. Morrison

Mr T.J. Gill

heard this claim at Sligo on 1^st September 2015

Representation

Claimant:        Mr John McShane of Johnson & Johnson Solicitors,

                        Ballymote, Co. Sligo

Respondent:    Mr Terry McNamara of IBEC

                        3^rd Floor Pier 1 Quay Street, Donegal town

The determination of the Tribunal was as follows:

Preliminary Issue

The respondent’s representative asserted that the Tribunal had no jurisdiction to hear this claim because it was made outside the statutory time period and further as the claimant was not present no evidence of exceptional circumstances could be heard.

The claimant’s representative requested that the Tribunal extend the time within which to lodge a claim.

Determination

The Tribunal carefully considered the submissions made. The Tribunal has sympathy for the claimant however it must operate within strict statutory time limits and in this case the claim was lodged outside the prescribed time. The Tribunal therefore has no jurisdiction to hear this claim.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)