EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Anthony Healy UD73/2013
against the recommendation of the Rights Commissioner in the case of:
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Dr A. Courell B.L.
Members: Mr. D. Morrison
Ms. A. Moore
heard this appeal at Sligo on 24th July 2014
Appellant: Anne Hickey, Solicitors, Wine Street, Sligo
Respondent(s) : Mr Declan Thomas , IBEC, 3rd Floor, Pier One, Quay Street, Donegal
Town, Co Donegal
This case came before the Tribunal by way of an appeal by the employee (appellant) appealing against the recommendation of the Rights Commissioner (R-112538-11/EOS) under the Unfair Dismissals Acts 1977 to 2007.
The appellant gave evidence of having begun work with the respondent in 2004 doing carpentry and general maintenance. He worked in various locations and was laid off every now and again until new work came in. In January 2009 he was laid off and didn’t work at all for the rest of that year. He was told if anything came up the respondents would give him a call. He worked again for a few weeks in July/August 2010 and then heard nothing further. On 18th July 2011 he lodged his Unfair Dismissal claim to the Rights Commissioner because he was fed up waiting on work.
The Tribunal finds that, in all the circumstances, the appellant has failed to establish that exceptional circumstances prevented him from initiating a claim within the statutory six month time limit and, accordingly, the Tribunal has no jurisdiction to extend the time limit in order to
hear the substantive case and accordingly the said appeal fails and the decision of the Rights Commissioner is upheld.
Sealed with the Seal of the
Employment Appeals Tribunal