Complainant

Respondent

Anonymised Parties

A Music Teacher

An Education and Training Board

Representatives

In person

Eversheds Solicitors

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00018037-001

19/03/2018

The complainant is a Guitar Teacher and has been employed on a series of Fixed Term/ Fixed Purpose Contracts. A sub-committee of the respondent manages the provision of Music Lessons throughout the County in question. The provision of lessons depends on the availability of funding and on uptake from members of the locality.

The complainant was last employed by the respondent on a fixed purpose contract which came to an end on or about 12th June 2017. The complaint relates to alleged Constructive Unfair Dismissal. The complainant stated that he was forced to resign from his employment 20th September 2017. The complaint was submitted to the Workplace Relations Commission on 19th March 2018.

The parties furnished written submissions at the adjudication hearing. Further information was requested. The most recent date of receipt of additional information was the 8th November 2018.

The respondent contends that the complaint is out of time. The respondent stated that the complainant’s contract of employment ceased on 12th June 2017. The respondent contends that the complaint submitted to the WRC on 19th March 2018 is outside of the six-month period provided for in the legislation.

The complainant contends that the claim is within time as he was forced to resign from his employment on 20th September 2017 due to the conduct of the employer.

Time limits

Section 8(2) of the Unfair Dismissals Act 1977 (as amended) provides as follows:

(2) A claim for redress under this Act shall be initiated by giving a notice in writing (containing such particulars (if any) as may be specified in regulations under subsection (17) of section 41 of the Act of 2015 to the Director General —

(a) within the period of 6 months beginning on the date of the relevant dismissal, or

(b) within such period not exceeding 12 months from the date of the relevant dismissal as the adjudication officer considers appropriate, in circumstances where the adjudication officer is satisfied that the giving of the notice within the period referred to in paragraph (a) was prevented due to reasonable cause,

In the instant case, the complainant’s fixed term contract of employment ended in accordance with its terms on 12th June 2017. The complainant was not employed under a contract of employment after that date. In September 2017, the complainant was offered a further contract with a reduced number of hours of teaching. The complainant did not accept that offer of employment but stated in an email dated 20th September 2017 that he was prepared to remain on the tutor panel and would consider any further offers of additional employment that were made to him. On the basis that the complainant’s employment ended on 12th June 2017 and the complaint being submitted to the WRC on 19th March 2018, I find that the complaint was submitted outside of the statutory six-month time period.

Having considered the submission of both parties, I declare that the within complaint is out of time and is therefore statute barred.