EMPLOYMENT APPEALS TRIBUNAL
Kieran O'Toole - appellant
against the recommendation of the Rights Commissioner in the case of:
Brothers of Charity Services Galway - respondent
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B L
Members: Mr T. Gill
Ms H. Murphy
heard this appeal at Galway on 22nd October 2015
Appellant(s) : In person
Respondent(s) : Mr. John Brennan, IBEC, Ross House, Victoria Place, Galway
The decision of the Tribunal was as follows:-
This case came before the Tribunal by way of the employee appealing the decision of a Rights Commissioner under the Terms of Employment (Information) Act 1994 to 2012 reference R-130252-TE-13/MH.
At the commencement of the hearing the respondent’s representative raised a preliminary issue submitting that the appeal was not filed within the statutory time period of six weeks from the date the Rights Commissioner’s decision was received. The Rights Commissioner’s decision is dated 6 November 2013 and the appeal to the Employment Appeals Tribunal is stamped date received 19 May 2014.
The appellant gave sworn evidence of filing the appeal on the 25 November 2013. The appellant submitted that he filed related appeals to the Labour Court on that date and those appeals have concluded. The appellant’s letter dated the 14 May 2014 was noted by the Tribunal.
The Tribunal carefully considered the submissions and evidence in this case and is not satisfied that the appellant has provided evidence of filing the appeal on the 25 November 2013. The appellant’s letter of the 14 May 2014 to the Employment Appeals secretariat made reference to a certificate of postage. However, this was not furnished to the secretariat or the Tribunal. Section 8 (2) (a) of the Act states
“an appeal under this section shall be initiated by the party concerned giving, within 6 weeks of the date on which the recommendation to which it relates was communicated to the party, a notice in writing to the Tribunal containing such particulars (if any) as may be specified in regulations under subsection (3) and stating the intention of the party concerned to appeal against the recommendation”
In the circumstances the Tribunal has no jurisdiction to hear the appeal under the Terms of Employment (Information) Act 1994 to 2012 and the appeal fails.
Sealed with the Seal of the
Employment Appeals Tribunal