UD959/2014

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                                    CASE NO.

Grainne O'Regan

- appellant                                                                                                                

                                                                                                                               UD959/2014

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

Fingal Home Care Limited

- respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:     Ms J. McGovern B.L.

Members:     Mr E. Handley

                   Mr N. Dowling

heard this appeal at Dublin on 1st September 2015

Representation:

_______________

Appellant(s) :     Ms Roseleen Archbold, 89 Philipsburgh Avenue, Fairview,

                          Dublin 3

Respondent(s) : Mr Tiernan Lowey BL instructed by DWF, 5 George's Dock, IFSC, Dublin 1

This case came before the Tribunal by way of an appeal by the employee (appellant) against the recommendation of the Rights Commissioner (r-138919-ud-13/RG) under the Unfair Dismissals Acts 1977 to 2007.

Preliminary Issue

At the commencement of the hearing the respondent’s representative submitted that the Tribunal had no jurisdiction to hear the appeal as the claim form was not submitted within the time limit permitted under the legislation.

The appellant’s claim form was received in the Workplace Relations Customer Service on 24 July 2013. The appellant’s employment with the respondent company terminated on 1 December 2012.

The appellant’s representative, pursuant to section 8 (2) (b) of the Unfair Dismissals Act made a request to the Tribunal to have to the time period allowed for bringing a claim extended, thus making it a legitimate claim.

Determination on Preliminary Issue

The Tribunal, after hearing evidence from the appellant in relation to this preliminary issue is satisfied that exceptional circumstances existed which prevented the appellant from bringing the claim within 6 months from the date of dismissal. Accordingly, pursuant to section 8 (2) (b) of the Unfair Dismissals Act the Tribunal extends the time period allowed and finds that it has jurisdiction to hear the substantive claim.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)