UD857/2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD857/2015

CLAIM OF:                                                                                      

Tobi Fabian          

  -Claimant                                    

against

Poundland Limited T/A Dealz

   -Respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Ms J. McGovern B.L.

Members:        Mr. D. Peakin

                        Mr. J. Maher

heard this claim at Dublin on 7th July 2016

Representation:

Claimant:         Mr. Brendan Liddy solicitor, Hughes & Liddy solicitors, 29 Fitzwilliam place, Dublin 2

Respondent:    Mr. Tiernan Doherty, Ibec, Confederation House, 84/86 Lower Baggot Street, Dublin 2

Preliminary point:

The claim before the Tribunal was submitted outside the six month time limit as allowed in the Unfair Dismissals Acts, 1977 to 2007. The Tribunal can extend the time to one year if the Claimant can prove that exceptional circumstances prevented him lodging the claim within the six month period.   The Tribunal heard evidence from the Claimant.

Claimant’s case:

The Claimant gave evidence that he submitted his application on-line by himself. He made his application outside of the six month time limit. Even allowing for a minimum notice period his Claimant is outside of the six month period.  

He explained that his exceptional circumstance/s were that he was very sick with a bad back and could not get out of bed. He was also on medication. He found it “difficult to sleep and to wake up as well”, “there was a lot of things going on and also the kids”.

The Claimant clarified that his employment commenced in 2012. The date he finished was in or around 10^th November 2014 or 20^th December 2014 depending on notice.

The Claimant was cross-examined.   He explained that he got legal advice in March 2015 (The claim was lodged on 29^th July 2015). The Claimant agreed that he received advice in March 2015 but took no action until July 2015.

The Tribunal

Determination:

The Tribunal is not satisfied that exceptional circumstances prevented the Claimant from lodging his claim within the six month period.   The Tribunal cannot extend the time and the Tribunal decline jurisdiction.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)