EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Heino Schonfeld, UD233/2013
against
Centre For Effective Services Limited,
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. O'Leary B L
Members: Mr. B. Kealy
Ms. E. Brezina
heard this claim at Dublin on 20th February 2014
Representation:
Claimant:
The claimant in person
Respondent:
Ms Sarah Grace, Arthur Cox, Solicitors, Earlsfort Centre, Earlsfort Terrace, Dublin 2
Back ground:
A preliminary issue arose in respect of whether the Tribunal had jurisdiction to hear this claim. It was common case that the claimant continued in the employment of the respondent on the same terms and conditions of employment, albeit in a different position, for some time after he submitted his claim for unfair dismissal to the Tribunal. The form T1A was received by the Tribunal on 9th January 2013. The Tribunal was informed that the date of finish of employment was agreed as 12th April 2013 and that the claimant was paid 17 weeks pay in lieu of notice as his contract was due to expire on 31st July 2013. The claimant was also paid a statutory redundancy lump sum.
Determination
It was common case that this claim for unfair dismissal was lodged some months before the claimant’s employment with the respondent was terminated. It is fundamental that if one claims to have been unfairly dismissed one must already have been dismissed.
Therefore the Tribunal declines jurisdiction to hear this claim under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)