UD512/2015

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                               CASE NO.

Barbara Kruczek                                                                                                        UD512/2015

against

Little Oaks Academy

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms D. Donovan B.L.

Members:     Mr J. Browne

                    Ms S. Kelly

heard this claim at Wexford on 15th February 2016

Representation:

Claimant:

             Mr Anthony F O'Gorman,

           Anthony F O'Gorman & Co, Solicitors, St Michael's Road, Gorey, Co Wexford

Respondent:

             Ms Julie Breen, Solicitor, Law Chambers, Aldercourt, Ferns, Co Wexford

Background:

The claimant commenced employment with the respondent on 28^th August 2011. The claimant alleges that she was unfairly dismissed on 12^th September 2014. The claimant submitted a claim to the Tribunal and which claim was received by the Tribunal on 14^th April 2015.

The respondent disputes that the claimant was dismissed on 12^th September 2014 or at all.   A P45 showing a cessation date of 5^th March 2015 was opened to the Tribunal.

Preliminary Issues:

The respondent raised two preliminary issues as follows:-

1. That the claim was statute barred.
2. That the claimant had not been dismissed.

It was the claimant’s evidence that she was dismissed on 12^th September 2014 when the respondent told her to go. Her claim was outside the six month limitation period because she believed she had to wait to receive her P45 before she could proceed with her claim and she did not receive this until March 2015. The claimant sought an extension of time on the basis that this was an exceptional circumstance.

Determination on Preliminary Issue 1:

Having considered the evidence adduced at the hearing the Tribunal finds that if there was a dismissal the date of such dismissal was 12^th September 2014 and accordingly the claim should have been submitted to the Tribunal within six months of 12^th September 2014. The Tribunal finds that the claim was not submitted within the time limited for so doing. The Tribunal further finds that the reason put forward by the claimant does not satisfy the ‘exceptional circumstance’ requirement in section 8(2) of the Unfair Dismissal Act 1977 as amended by s.7(c) of the Unfair Dismissals (Amendment) Act 1993 and therefore the Tribunal does not exercise its jurisdiction to extend time for a further six months.

In the circumstances, the Tribunal has no jurisdiction to make a determination on preliminary issue 2.

Accordingly, the Tribunal refuses jurisdiction to hear this claim under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)