EMPLOYMENT APPEALS TRIBUNAL
CASE NO. UD791/2015
APPEAL(S) OF:
Ciara Ni Riain
against the recommendation of the Rights Commissioner in the case of:
Board Of Management, Ardscoil Ris
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. J. McGovern BL
Members: Mr. L.Tobin
Mr. M. O’Reilly
heard this appeal in Dublin on 24 June 2016
Representation:
_______________
Appellant(s):
No legal or trade union representation at the Tribunal hearing
Respondent(s):
Ms. Rosemary Mallon BL instructed by Mason Hayes & Curran, Solicitors, South Bank House, Barrow Street, Dublin 4
The determination of the Tribunal was as follows:-
This case came to the Tribunal as an employee appeal under the Unfair Dismissals Acts, 1977 to 2007, against Rights Commissioner Recommendation r-137627-ud-13/EH in which it was found that there was not jurisdiction to hear the claim because it was presented out of time.
At the beginning of the Tribunal hearing the respondent’s representative submitted that the appellant had brought her claim against the wrong respondent, that the claim had been lodged out of time and that no exceptional circumstance had prevented her from lodging the claim in time.
The appellant admitted that she had not initially made her claim against the board of management of her school but rather against the principal of her school and the Department of Education and Skills. She said that she could not afford a legal team.
Regarding the argument that her claim had been out of time, the appellant said that a large number of days had been discounted on account of her sick leave. Much unpaid sick leave had been taken over the years. The appellant also submitted that a notice period could be added and, regarding exceptional circumstances, she told the Tribunal of very serious and life-changing medical issues which had involved hospitalisation. Also, she was a widow and a mother of two children. She submitted that her circumstances had been exceptional.
The respondent did not dispute that the appellant had been in and out of hospital but contended that she had a well-known trade union and had accessed legal advice before relations broke down.
Determination:
The Tribunal gave great consideration to the details and dates surrounding this case. It was noted that the appellant had a strong trade union and had accessed solicitor’s advice. The Tribunal accepted that she had been very unwell but could not give benefit of the doubt to the point of finding that there were continued exceptional circumstances which made it impossible for her claim to be brought earlier or within the first six months after termination of her employment.
This employee appeal under the Unfair Dismissals Acts, 1977 to 2007, against Rights Commissioner Recommendation r-137627-ud-13/EH fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)