EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Tony Farrelly (appellant) UD241/2015
against the recommendation of the Rights Commissioner in the case of:
Eurolink Motorway Operations (M3) Ltd
(respondent)
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr C. Corcoran B.L.
Members: Mr. A. O'Mara
Mr A. Butler
heard this appeal at Dublin on 8th March 2016
Representation:
_______________
Appellant(s) : Darach McNamara B.L. instructed by Dillon Geraghty & Company
Solicitors, 36 Brews Hill, Navan, Co. Meath
Respondent(s) : Mr. Peter Flood, Ibec, Confederation House, 84/86 Lower
Baggot Street, Dublin 2
The determination of the Tribunal was as follows:
This case came before the Tribunal by way of an employee appeal of a Rights Commissioner recommendation under the Unfair Dismissals Acts, 1977 to 2007, reference r-146721-ud-14/JW.
The respondent’s representative submitted that the Tribunal did not have jurisdiction to hear this appeal as it was not lodged with the Tribunal within the required six weeks’ time limit.
The appellant’s representative stated while there was an error in processing the appeal with the appellant’s union, the appellant could not object to the respondent’s submission.
Determination
The Tribunal rules that due to the late lodgement of the appeal, the Tribunal does not have jurisdiction to hear this case and the appeal necessarily fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)