UD163/2015

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                               CASE NO.

Sarah O’ Brien                                                                                                          UD163/2015

against

Liberty Insurance Limited T/A Liberty Insurance

under

UNFAIR DISMISSALS ACTS 1977 TO 2015

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. K.T. O'Mahony B.L.

Members:   Mr. J. Browne

                   Mr. J. Flavin

heard this claim at Killarney on 9th November 2016 and 9th March 2017

Representation:

Claimant:

          No representation listed

Respondent:

           Ms Louise O'Byrne, Arthur Cox, Solicitors, Earlsfort Centre, Earlsfort Terrace, Dublin 2

Background:

The claimant was engaged as a Regional Claims Manager (RCM) by the previous owner of the business from early 2004. In late 2012 the business was transferred to the respondent. The claimant’s contract of engagement with the respondent was terminated on 6^th August 2014.

In the claimant’s evidence to the Tribunal she contended that she had been an employee during the period she worked with the previous owner of the business, up to December 2012 when, she alleged, she had been constructively dismissed. In her evidence to the Tribunal the claimant accepted that she had been engaged by the respondent as an independent contractor from December 2012.  

The claim under the Unfair Dismissal Acts 1977 to 2007 was lodged with the Tribunal on 6 February 2015.

Determination:

1   As the claimant accepted that she was an independent contractor during the period of her engagement with the respondent, from December 2012 to 8 August 2014, the Tribunal has no jurisdiction to hear the claim under the Unfair Dismissals Acts, 1977 to 2007.

2 The claimant alleged that she had been constructively dismissed in December 2012. The statutory time limit of 6 months or of up to 12 months, in exceptional circumstances, for lodging a claim in respect of the alleged constructive dismissal, as prescribed by section 8 (2) of the Unfair Dismissals Acts, 1977 as amended by section 7 of the Unfair Dismissals (Amendment) Act 1993, had expired long before the lodgement of the claim herein on 6 February 2015.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)