UD1401/2014

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD1401/2014

APPEAL(S) OF:                                                                                            

Aishling Monaghan – appellant                                                                    

V

Momentum Support – respondent

&

Aramark Property – respondent

&

Aramark Property Limited - respondent

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

Aishling Monaghan

v

Momentum Support/Nutgrove Shopping Centre

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Mr D. Hayes B.L.

Members:        Mr F. Moloney

                        Ms M. Maher

heard this appeal at Dublin on 29th May 2015

Representation:

_______________

Appellant(s):               In person

Respondent(s):            Mr Brian O'Sullivan, IBEC, Confederation House, 84/86 Lower Baggot Street, Dublin 2 & Mr Bill Austin, IBEC, Hr Executive, 84-86 Lower Baggot Street, Dublin 2

This case came before the Tribunal by way of an employee appealing the recommendation of a Rights Commissioner under the Unfair Dismissals Acts, 1977 to 2007, ref: r-142064-ud-14/SR.

The determination of the Tribunal was as follows:-

At the outset of the hearing of this appeal the Tribunal heard an application on behalf of the respondent that the appeal had been lodged out of time. The Rights Commissioner’s recommendation was issued on 17^th July 2014. The notice of appeal was received by the Tribunal on 9^th September 2014. The appellant was unable to tell the Tribunal when she received the recommendation other than it was at some point in late July or August. No proof was produced as to when the recommendation was received. Even allowing for a reasonable period for posting of the recommendation, the Tribunal is satisfied that the notice of appeal was received outside the period allowed by statute. Accordingly the Tribunal has no jurisdiction to hear the appeal and must dismiss it.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)