UD162/2014

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                     CASE NO.

John Goss – claimant                                                                                   UD162/2014

against

Ryanair Limited – respondent

Ryanair Limited – respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms F. Crawford B.L.

Members:     Mr C. Lucey

                   Mr A. Butler

heard this claim at Dublin on 31st March 2015

Representation:

Claimant:            Ms C Maguire B.L. instructed by Mr. Darach Connolly, Darach Connolly,  Solicitors, Sunlight Chambers, 21 Parliament Street, Dublin 2 and

                           Mr Michael Landers, Impact, Nerneys Court, Off Temple Street, Dublin 1

Respondent:       Mr. Martin Hayden S.C. instructed by Mr Killian O'Reilly, McDowell Purcell,    Solicitors, Capel Building, Mary's Abbey, Capel Street, Dublin 7

The determination of the Tribunal is as follows:

Background

A preliminary determination was sought by the claimant’s representatives following an Application for an Adjournment of the matter on behalf of the claimant.

The claimant brought a claim under the Unfair Dismissals Act 1977 to 2007, following events which lead to a dismissal on 13^th August 2013, to the Tribunal. The claimant also took two claims before the Equality Tribunal relating to alleged discrimination on grounds of age. The claimant through his legal representative wanted to adjourn his Unfair Dismissal claim to enable him, for valid strategic reasons, to run his claims before Equality Tribunal first.

The Tribunal refused the adjournment application.

Determination

The substantive Unfair Dismissal claim was scheduled for Hearing by the Tribunal but could not proceed because the claimant was unwell.

Meanwhile the claims taken to the Equality Tribunal were investigated and both claims failed.

Under these circumstances the claimant required the express permission of the Equality Officer to pursue his case before the Employment Appeals Tribunal. Such permission under Section 101 (2)(b) of the Equality Acts was refused.

Accordingly, the Tribunal has no jurisdiction to hear the claim under the Unfair Dismissals Acts 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)