EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD1077/2015
CLAIM(S) OF:
Radek Velicka
against
OCS One Complete Solutions Limited
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. N. O'Carroll-Kelly BL
Members: Ms. A. Gaule
Mr. M. O'Reilly
heard this claim in Dublin on 1 September 2016
Representation:
_______________
Claimant(s):
No legal or trade union representation
Respondent(s) :
Ms Katie Doyle, IBEC, IR/HR Executive, 84/86 Lower Baggot Street, Dublin 2
The determination of the Tribunal was as follows:-
The claimant brought a claim to the Tribunal under unfair dismissal legislation.
At the Tribunal hearing the Tribunal was presented with a submission on behalf of the respondent that the claimant had already taken a discriminatory dismissal (against the respondent) which had been heard and appealed to the Labour Court such that the Tribunal had no jurisdiction to hear the case under unfair dismissal legislation.
Determination:
The Tribunal, pursuant to legislation, (Section 101 of the Equality Act, 1998), has no jurisdiction to hear this unfair dismissal claim based on the fact that the claimant brought a claim before the Workplace Relations Commission which included a claim for discriminatory dismissal. The claim under the Unfair Dismissals Acts, 1977 to 2007, is dismissed
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)