UD1147/2014

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD1147/2014

CLAIM OF:                                                                                                 

Michael Browne                          

Claimant

against:

Hugh Hourican T/A The Boar’s Head

Respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. P. O’Leary BL

Members:     Mr. J. Horan

                     Mr. P. Trehy

heard this claim at Dublin on 9^th July 2015

Representation:

Claimant:         Mary Kirwan, Payroll Bureau Service, Borris In Ossory, Co. Laois

Respondent:   Ms. Mary Seery Kearney BL instructed by: David H. Christie & Gargan Solicitors, Stewart hall, Parnell Street, Dublin 1

The decision of the Tribunal was as follows:

Background:

The claimant was employed from the 1^st March 2003 until his employment terminated on the 5^th November 2013. (It should be noted the claimant’s P45 stated the 28^th June 2013). A claim under the Unfair Dismissals Acts, 1977 to 2007 was lodged with the Workplace Relations Customer Service on the 1^st July 2014, some 7 months and 26 days after his dismissal.

A preliminary issue was raised by the respondent company as to the six-month time limit, as per the Act, to lodge a claim for unfair dismissal.

The claimant could not give any sufficent evidence to explain the delay in the submitting of the claim form.

The claimant had already lodged a claim under the Redundancy Payments Acts, 1967 to 2007 to the Employment Appeals Tribunal on the 25^th April 2014.

Determination:

Section 7 (2) (a) and (b) of the Unfair Dismissals (Amendment) Act, 1993 states:

 2) 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 section 17 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 -

(a) within the period of 6 months beginning on the date of the relevant dismissal, or

(b) if the rights commissioner or the Tribunal, as the case may be, is satisfied that exceptional circumstances prevented the giving of the notice within the period aforesaid, then, within such period not exceeding 12 months from the date aforesaid as the rights commissioner or the Tribunal, as the case may be, considers reasonable,

and a copy of the notice shall be given by the rights commissioner or the Tribunal, as the case may be, to the employer concerned as soon as may be after the receipt of the notice by the rights commissioner or the Tribunal.

There were no exceptional circumstances which prevented the claimant from submitting his claim form and the Tribunal has therefore not been given any real and substantial reason for extending the time.

Accordingly, the Tribunal must decline jurisdiction in this matter.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)