EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Mary O'Leary UD290/2013
against the recommendation of the Rights Commissioner in the case of:
Department Of Social Protection
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. E. Murray
Members: Mr. D. Hegarty
Mr. O. Wills
heard this appeal in Cork on 23 July 2014
Mr William Sheehy, Hazelwood, College Road, Carrignavar, Co. Cork
Mr. Niall O'Driscoll BL instructed by The Chief State Solicitor's Office, Osmond House, Little Ship Street,
The determination of the Tribunal was as follows:-
This case came to the Tribunal as an employee appeal under the Unfair Dismissals Acts, 1977 to 2007, against Rights Commissioner Recommendation R-125011-ud-12JOC.
The Respondent submitted that there had been two Rights Commissioner hearings (r- 119126-ud-11JOC on 22 February 2012 and R-125011-ud-12JOC on 21 November 2012) both of which had related to identical subject matter and both of which named the same parties as the Appellant and Respondent. The Appellant should have appealed the first decision within six weeks of receiving it (dated 11 April 2012) rather than proceed with a second application. It was contended that the matter was already decided (res judicata) and that the Appellant was now estopped from appealing the second Rights Commissioner Recommendation and that the Tribunal lacks jurisdiction to proceed with the appeal.
Having given both sides an opportunity to make arguments at the Tribunal hearing and having considered all of the surrounding circumstances, the Tribunal, with great regret and reluctance, determines that it has to accept the contention of the Respondent and finds that it has no jurisdiction to proceed with the appeal under the Unfair Dismissals Acts, 1977 to 2007. It is unclear as to why the Rights Commissioner embarked on the second hearing and it appears to the Tribunal that this hearing was moot having regard to his own findings at the first hearing.
The appeal under the Unfair Dismissals Acts, 1977 to 2007, against Rights Commissioner Recommendation R-125011-ud-12JOC, fails.
Sealed with the Seal of the
Employment Appeals Tribunal