UD206/2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD206/2015

CLAIM(S) OF:                                                                                                    

Iveta Vimba

- claimant                                                                                                      

against

A J Precision Components Limited

- respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. E. Kearney BL

Members:     Mr T. Gill

                     Ms H. Henry

heard this claim at Ennis on 4th February 2016

Representation:

Claimant(s) :       Mr Michael O'Sullivan, Arra Hrd Ltd, Castlelost West, Rochfortbridge, Co. Westmeath

Respondent(s) :   Ms Ray Mulcahy, IBEC, Confederation House, 84/86 Lower Baggot Street, Dublin 2

Determination:

At the outset of the hearing of this matter, the Respondent’s confirmed the correct legal title of the Respondent herein to be AJ Precision Components Limited and in the circumstances the title of this claim was amended accordingly.

A preliminary issue arose in this matter as to whether the Tribunal has jurisdiction to hear this claim in circumstances where the Respondent alleges the claim is out of time.

The Respondent contends that the claim was submitted 31 months after the dismissal.

The Claimant had a claim under the Minimum Notice and Terms of Employment Acts, bearing hearing number 53847, which said claim was compromised by agreement dated 20/2/2104.

The Claimant was dismissed by letter dated 5^th June 2012 for alleged gross abuse of break times, poor supervisor performance, and breaches of Health and Safety. This decision was appealed by the Claimant, which appeal was considered by Eugene Higgins on behalf of the company. An Appeal meeting was held on the 17th July 2012, and by letter dated 31^st August 2012 the Claimant was offered to be reinstated within the company but to a different role that being general operative. By letter dated 6^th September 2012 the Respondent wrote to the Claimant as she did not communicate with the company and did not return to work. The company allowed the claimant until the 10^th September 2012 to let them know if she was planning to return to work. On the 9^th September 2012 the Claimant wrote to the Respondent company to state that Mr. Gerard Kennedy of SIPTU or a solicitor acting on her behalf would contact the company to deal with the letters dated 4^th and 7^th of September 2012.

No contact with the company was made by Mr. Kennedy, SIPTU or a solicitor acting on the claimant’s behalf, and consequentially on the 20^th September 2012 the company wrote concluding that the claimant is not returning and that she has resigned from the company.

Evidence was heard from the Claimant who sated that she had a telephone conversation in August 2012 with Mr. Ger Kennedy of SIPTU before a decision of the appeals process was given, that she wished to bring a claim before the Employment Appeals Tribunal. The Claimant told the Tribunal that she did not sign any claim form after July 2012. She stated that she did fill out a claim form in July 2012, but she stated that the claim form that is on the Employment Appeal Tribunal file is not signed by her, and the signature on the said unfair dismissal claim form is not hers.

She told the Tribunal that the only form that contains her signature was the Minimum Notice T1A form which claim was compromised by agreement dated 20^th February 2014.

It would seem that the Claimant in this matter lodged a complaint for unfair dismissal to the Rights Commissioner Service in July 2012, and the Respondent rightly objected as the matter was under an internal appeal process, wherein the Claimant was represented by SIPTU.

On the 3^rd August 2012 the Claimant was informed by handwritten note by her representative that the Respondent had objected to the Rights Commissioner hearing the matter and asking if she wished the matter to be referred to this body. Clearly her evidence is that she only gave instruction in August 2012 regarding proceeding with her unfair dismissal claim before this body.

The claim that is before the Tribunal today was lodged on 18^th February 2015 bearing hearing number and reference UD206/2015. The claim therefore is out of time. Therefore the Tribunal declines jurisdiction to hear this claim as same is out of time.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)