EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
EMPLOYEE - claimant
EMPLOYER - respondent
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Taaffe
Members: Mr. F. Cunneen
Mr. P. Trehy
heard this appeal at Dublin on 19th December 2013
Claimant: Ms. Nora-Pat Stewart BL instructed by:
Coughlan White & Partners, Solicitors, Moorefield Road, Newbridge, Co. Kildare
Respondent: Ms. Mairead Crosby, IR/HR Executive, I.B.E.C., Confederation House,
84/86, Lower Baggot Street, Dublin 2
The decision of the Tribunal was as follows:
The claimant commenced employment on the 10th July 1999. She lodged a claim under the Unfair Dismissals Acts, 1977 to 2007 to the Employment Appeals Tribunal by fax on the 9th August 2012 and by post on the 10th August 2012. The claimant stated that her date of termination was the 16th February 2012.
The respondent’s representative raised a preliminary issue in relation to the six-month time limit in relation to lodging a claim for unfair dismissal with the Employment Appeals Tribunal. The claimant’s P45 was produced to the Tribunal which dated the claimant’s date of termination as the 2nd of February 2012 and not the 16th February 2012. The respondent’s representative stated that this was outside the six-month time limit to lodge a claim and therefore the claimant must show exceptional circumstances for the Tribunal to extend the time to twelve months.
It was agreed by the parties following a submission by the respondent that the Tribunal would give preliminary consideration to the question as to whether it has jurisdiction to hear the claim. The issue raised by them, being an assertion that the claim had been lodged outside the statutory period, provided for such lodgement.
The Tribunal is satisfied that the claimant accepted the date of the termination of her employment as being that which is set out in her P45 furnished to her by the respondent at her request. It is therefore found that since the date of the lodgement of the claim is outside the statutory period referred to that the question of whether the Tribunal has jurisdiction to hear the claim requires to be addressed.
It is found and determined that there was not present in the process engaged in by the parties any exceptional circumstances that would justify a successful application by the claimant for a statutory extension of time within which to lodge the claim. It is therefore found and determined that the Tribunal does not have jurisdiction to the claim, under the Unfair Dismissals Acts, 1977 to 2007, which is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal