EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Norah Flaherty UD993/2014
against the recommendation of the Rights Commissioner in the case of:
Covidien (Tyco) T/A Nellcor Puritan Bennett Ireland
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Fahy B.L.
Members: Mr T. Gill
Ms H. Henry
heard this appeal at Galway on 11th November 2015
Representation:
Appellant: The appellant in person
Respondent: Mr. John Brennan, IBEC, Ross House, Victoria Place, Galway
This case came to the Tribunal by way of an appeal by the employee against the decision of the Rights Commissioner Ref: r-141343-ud-13.
Background:
A claim under the Unfair Dismissals Acts, 1977 to 2007 was originally lodged with the Labour Relations Commission on 28th November 2013 and was referred to the Rights Commissioner who decided that he had no jurisdiction to hear this claim as it was lodged outside of the 6 month period set down in the Acts. The Rights Commissioner also found that there were no exceptional circumstances which would allow him to extend that period to 12 months.
At the Employment Appeals Tribunal it was common case that the appellant’s employment terminated on 8th March 2013 and that she lodged her claim under the Unfair Dismissals Acts, 1977 to 2007 on 28th November 2013. The appellant told the Tribunal that there were two reasons for her not lodging her claim within six months of her dismissal. The first reason was that she was not aware of the time limits set down in the Acts. The second reason was that she could not afford to engage a solicitor and did not realise that she could lodge a claim on her own behalf free of charge.
Determination:
The Tribunal carefully considered the evidence adduced at the hearing with reference to the appellant’s application to extend the time limit allowed for the lodging of her claim. Section 7(2)(a)&(b) of the Unfair Dismissals (Amendment) Act, states as follows.
(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,
The Tribunal does not accept that the appellant’s reasons for not lodging her claim within the time limit of 6 months constitutes exceptional circumstances. It was the appellant’s evidence that she had sought legal advice and written to NERA within the six month period after her dismissal and therefore must have been aware of this time limit. The appellant’s claim that she could not afford to engage a solicitor similarly does not constitute exceptional circumstances as there is no cost involved in a claimant lodging a claim on their own behalf.
Therefore the Tribunal upholds the decision of the Rights Commissioner Ref: r-141343-ud-13 and 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)