EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD801/2015
CLAIM OF:
Robert Talon
against
Paypal Europe Limited
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. O'Leary B L
Members: Mr F. Cunneen
Mr P. Trehy
heard this claim at Dublin on 5th October 2016
Representation:
Claimant:
The claimant in person
Respondent:
Ms Elizabeth Ryan, Mason Hayes & Curran, Solicitors, South Bank House, Barrow Street, Dublin 4
The determination of the Tribunal was as follows:-
The Employment Appeals Tribunal, having been presented with a copy of the Equality Tribunal Decision No. DEC-E2016-107, noted the following:
“I have concluded my investigation of the complaints herein and based on the aforementioned, find pursuant to Section 79(6) of the Employment Equality Acts that the complainant has not made out a prima facie case of discrimination on the grounds of race by association, victimisation, harassment, discrimination on the grounds of disability or a failure to provide reasonable accommodation under the Employment Equality Acts and accordingly, I dismiss this complaint in full.”
The jurisdiction of the Employment Appeals Tribunal in a constructive dismissal case requires the Tribunal to find that there was discrimination on the grounds specified above.
The claimant had the opportunity of appealing the decision of the Equality Tribunal to the Labour Court but for whatever reason did not do so and is bound by the decision of the Equality Tribunal.
The Employment Appeals Tribunal determines that it has no jurisdiction in this matter.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)