UD1698/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                               CASE NO.

Liam Ryan                  -claimant

                                                                                                                    UD1698/2013                    

against

Tipperary County Council                 -respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. E. Kearney B.L.

Members:     Mr J. Hennessy

                     Mr D. McEvoy

heard this claim at Thurles on 23rd January 2015

Representation:

Claimant:        In person

Respondent:    Mr. Eamonn Hunt, Local Government Management Services Board,

Local Government House, 35-39 Ushers Quay, Dublin 8

Preliminary Issue:

The claimant was employed by the respondent as a general operative on a seasonal panel under a series of fixed-term contracts since 2007. The final fixed-term contract ended on 23 November 2011.

In November 2011 the claimant applied for a position on a new panel, he was subsequently interviewed and placed 33^rd on the panel. The quality of the claimant’s work was fully accepted by the respondent however due to the economic recession the respondent received applications for the new panel from very highly qualified tradesmen.

The claimant completed his date of termination on the claim form to the Tribunal as 10 February 2012. It was in or around this time that his colleagues were back working and he was not. He subsequently lodged a claim with the Tribunal on 11 December 2013 having waited for the outcome of a claim under the fixed-term legislation. The claimant was unsuccessful in his claim that he was entitled to a contract of indefinite duration.

It was the respondent’s case that as the claimant’s employment ended in November 2011, the Tribunal did not have jurisdiction to hear the claim under the Unfair Dismissals Acts, 1977 to 2007.

It was the claimant’s case that he was still an employee by virtue of being placed on the new panel which was in operation until December 2014. The claimant submitted that the period of time he was on the new panel should be considered a period of lay-off. A Revenue case was provided to the Tribunal in support of this claim.

Determination on preliminary issue:

The Tribunal cannot accept the contention that by virtue of being placed on a panel a person is deemed to be on a period of lay-off.

S. 8(2) of the Act as amended 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.

The Tribunal finds that the relevant date of termination of employment in this case was 23 November 2011. This being the case the Tribunal does not have jurisdiction to hear the claim under the Unfair Dismissals Acts, 1977 to 2007, in circumstances where the claim was received on 11 December 2013 which was over two years from the date of termination and outside the time limits as stipulated by the Acts.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)