EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Paul Dolan UD947/2013
Lookers Plc T/A Audi South Dublin
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy S C
Members: Mr P. Pierce
Mr. S. O'Donnell
heard this claim at Dublin on 10th September 2014
Claimant: Ms Vanessa Fitzpatrick, Esa, The Novum Building,
Clonshaugh Industrial Estate, Dublin 17
Respondent: Mr. Tiernan Lowey BL instructed by Ms Margaret Feeney
solicitor Francis X Burke & Co, Solicitors, 16 Earlsfort Tce, Dublin 2
The claimant’s employment ended on 03rd August 2014, his claim was lodged with the Tribunal on 26th June 2013. The respondent argued that the claim was out of time.
S. 7 (2) of the Amended Act:
(a) within the period of 6 months beginning on the date of the relevant dismissal, or
(b) if the rights commissioner or the Tribunal, as the case may be, is satisfied that exceptional circumstances prevented the giving of the notice within the period aforesaid, then, within such period not exceeding 12 months from the date aforesaid as the rights commissioner or the Tribunal, as the case may be, considers reasonable
Under this provision it is for the claimant to show that such “exceptional circumstances” existed. On behalf of the claimant it was argued that “On the 3rd August 2012 the claim was lodged in the Labour Court under the provisions of the Employee (Provision of Information and Consultation) Act 2006, which was within the 6 month timeframe but the complainant is an ordinary person who followed the newly created Website. We therefore refute that there were exceptional circumstances”.
That claim was acknowledged by the Workplace Relations Commission on 08th February 2013 and later submissions were lodged on behalf of the claimant on 29th April 2013 with the Labour Court. On 25th June 2013 the matter came before the Labour Court and the matter was dismissed. The next day 26th June 2013 the claimant lodged a claim under the Unfair Dismissals Acts, 1977 to 2007.
In the course of the Tribunal hearing it was argued that the claimant filled in the claim form on the Website under the wrong Act, and that he was confused. However the Tribunal notes that the organisation representing him had ample opportunity to correct the error, if there was an error. The Tribunal is not convinced that there was an error, and it seems that the claimant may have changed his position after his claim was dismissed by the Labour Court.
The claimant has not shown that there were any exceptional circumstances such as would give the Tribunal discretion to hear the claim. Accordingly, the Tribunal has no jurisdiction to hear the claim.
Sealed with the Seal of the
Employment Appeals Tribunal