UD921/2014

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                 CASE NO.

Paul W Lappin & Company                                                                           UD921/14

• Appellant

   

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

   

  Gabriele McTeague    -     Respondent

   

  under

   

  UNFAIR DISMISSALS ACTS 1977 TO 2007

   

  I certify that the Tribunal

  (Division of Tribunal)

   

  Chairman:   Ms O. Madden B.L.

   

  Members:     Mr. L. Tobin

                      Mr J. Flannery

   

  heard this appeal at Dublin on 24th August 2015.

   

   

  Representation:

   

  Appellant:       Mr Donal P O'Hagan, Donal O'Hagan & Company, Solicitors,

                         Court House Square, Dundalk, Co Louth

   

  Respondent:    In person

   

  This case came before the Tribunal where the appellant (the employer) was appealing against the Rights Commissioner Recommendation under the Unfair Dismissals Acts, 1977 to 2007 (ref. r-140998-ud-13/JW)

   

  The determination of the Tribunal was as follows:-

   

   

  Determination:

   

  At the outset of the hearing the appellant’s representative clarified the date of the respondent’s dismissal as 28^th May 2013.

   

  A preliminary application was made that the respondent’s claim before the Rights Commissioner was one day late insofar as it should have been lodged no later than 27^th November 2013.

   

  The Tribunal was asked to consider what “within 6 months” means within the meaning of the Act for the purpose of clarification.

   

  The respondent argued that as her complaint was posted on 27^th November 2013 it should be within the time limit notwithstanding the fact that it was not received in the Rights Commissioner service until 28^th November 2013.

   

  The Tribunal is satisfied that where in Section 8(2) it states the claim should be lodged within the period of six months, the last date for submission of this claim was 27^th November 2013.

   

  The respondent did not submit any exceptional circumstances preventing the lodgement of this claim with the Rights Commissioner within the six month period and the Tribunal therefore upsets the Recommendation of the Rights Commissioner under the Unfair Dismissals Acts, 1977 to 2007.

   

   

   

   

  Sealed with the Seal of the

   

  Employment Appeals Tribunal

   

   

   

  This   ________________________

   

  (Sgd.) ________________________

              (CHAIRMAN)