EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD529/2015
CLAIM(S) OF:
Driss Ijernzeggart
- Claimant
against
Abraham House Limited T/A Abraham House Company
- Respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. M. Levey B.L.
Members: Mr T. O'Grady
Mr J. Maher
heard this claim at Dublin on 20th April 2016
Representation:
Claimant: Ms Georgina Robinson, Phelim O'Neill, Solicitors, 120 Pembroke Road, Dublin 4
Respondent: Ms Donna McGaharan, IBEC, 84/86 Lower Baggot Street, Dublin 2
The determination of the Tribunal was as follows:-
Background:
This case has come before the Employment Appeals Tribunal by way of a claim for constructive dismissal brought by the claimant against the respondent in respect of his employment. A preliminary issue has been raised by the respondent concerning the jurisdiction of the Tribunal to hear the case as the claim was not lodged with the Tribunal within the statutory time limit of six months, following the ending of the employment with the Respondent.
Preliminary Issue:
The representative for the respondent raised a time limit issue regarding the lodgement of the claim under the Unfair Dismissals Acts, 1977 to 2007 and states there were no exceptional circumstances prohibiting the claimant from lodging the claim within the required time limit.
The claimant tendered his resignation on the 15th August 2014 and his last day of employment was the 19th September 2014. The claim under the Unfair Dismissals Acts, 1977 to 2007 was lodged with the Workplace Relations Customer Service on the 27th April 2015, some 7 months and 8 days later.
Section 8 (2) of the Unfair Dismissals Acts as amended provides as follows:
“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 representative for the claimant stated the claimant was experiencing personal difficulties at the time in respect of a family law issue and this prevented him from lodging his claim with in the six-month time limit. She also quoted S.I. 22 of 2015 stating the legislation had changed in October 2015 allowing for reasonable circumstances as opposed to exceptional circumstances to be considered by the Tribunal in order to extend the time limit to 12 months.
Preliminary Determination:
The Tribunal have considered the submissions adduced submitted on behalf of the claimant, and while the time period immediately following the termination of his employment was a stressful period, the evidence submitted to the Tribunal does not support the view that he was unable to give instructions to lodge his claim during this time. During this time the claimant was capable of lodging a personal injuries claim
By a majority decision the Tribunal are satisfied that, the reason(s) for not completing and lodging a claim within the statutory time period of six months as provided for under the Unfair Dismissals Act, 1977 do not amount to exceptional circumstances as provided for in Section 7(2) of the Unfair Dismissals (Amendment) Act, 1993, where the Tribunal can extend time for a further six months to maintain a claim under the Act.
Accordingly, by a majority decision the Tribunal hereby declines jurisdiction in this case.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)