UD265/2015

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                               CASE NO.

Ciara Slammon                      

                                                                                                                 UD265/2015

against

NPD Group

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. T. Ryan

Members:     Mr P. Pierson

Mr. J. Dorney

heard this claim at Mullingar on 9th December 2015

Representation:

_______________

Claimant:         Mr John Curran B.L., c/o Law Library, Distillery Building, Church St., Dn7

Respondent:   Purdy Fitzgerald, Solicitors, Block 1, GFSC, Moneenageisha Road, Galway

Preliminary Issue:

The claimant submitted on her workplace relations complaint form that her employment was terminated on 18th August 2014. The form was received by the Tribunal on 19^th February 2015 and as such was submitted outside the six-month time period allowed under the Unfair Dismissals Acts. The Tribunal may extend the period for a further six months if exceptional circumstances existed which prevented the claimant from lodging the claim within the statutory six-month period. The Tribunal heard evidence and submissions in respect of this preliminary issue.

Determination:

The Tribunal had to consider whether it had jurisdiction to hear the case. The claimant gave evidence that due to a number of circumstances that she was unable to submit her complaint form within a period of six months from the date of her dismissal. These circumstances included the fact that her grandmother which whom she had a close relationship passed away. Furthermore she suffered a miscarriage which was officially confirmed to her on 31^st July 2014. The claimant was dismissed on 11^th August 2014 and told the Tribunal that she was summarily dismissed.  

The claimant was offered another position with a new employer on foot of CVs that she had circulated at the time of her employment with the respondent. She fell pregnant again in November 2014. It was a very difficult and stressful period with a threatened miscarriage.

The claimant attended her doctor and was provided with counselling (both individual and marriage) for a period of time. It was only in February of 2015 that she felt she was in a fit state of mind to consider her options and pursue her former employer for a case of Unfair Dismissal.

The claimant told the Tribunal that she found it difficult to complete the workplace relations form and tried unsuccessfully to attach an outline of her case. The Tribunal is satisfied that she made genuine attempts on 17^th and 18^th February to submit the form, which was cumbersome and technically difficult, within the relevant time frame.

The Tribunal notes the respondent’s submission that some of the matters referred to by the claimant occurred before her employment ended but determines that the culmination of events prior and post her dismissal were major contributing factors in the reason for her last minute attempt to submit her complaint form. The Tribunal therefore finds that this amounted to exceptional circumstances and that it has jurisdiction to hear the claim.    

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)