EMPLOYMENT APPEALS TRIBUNAL
Bernadette Lohan - appellant
against the recommendation of the Rights Commissioner in the case of:
Kirby Mechanical Limited - respondent
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Fahy B.L.
Members: Mr. L. Tobin
Ms H. Murphy
heard this appeal at Galway on 21st October 2015
Appellant(s) : in person
Respondent(s) : Mr. Conor Hanaway, SHRC Limited, Heather House, Sandyford Business Park, Dublin 18
The determination of the Tribunal was as follows:-
This case came before the Tribunal by way of the employee appealing the recommendation of a Rights Commissioner under the Unfair Dismissals Acts, 1977 to 2007 reference R-138378-UD-13/MH. The Rights Commissioner found that the claim for redress under the Unfair Dismissals Acts 1977 to 2007 was submitted outside the prescribed six month time limit.
The Tribunal heard evidence from the appellant in relation to a preliminary issue concerning the date the claim was filed with the Rights Commissioner. The appellant commenced employment with the respondent company in March 2001 and her employment ended when she was made redundant. The date the employment terminated was agreed by the parties as 15 November 2012. The appellant submitted that she initially filed a claim in error under the Redundancy Payments Acts in early 2013. The appellant filed a second claim under the Unfair Dismissals Acts on 13 June 2013. The appellant submitted that her lack of knowledge of employment rights and the complicated on line application system prevented her from filing her claim under the Unfair Dismissals Acts within the statutory six month period.
The Tribunal carefully considered the appellant’s evidence and the submissions by both parties in this case.
The Tribunal is satisfied that no exceptional circumstances existed during the initial six-month period which can, under section 8 (2) (b) of the 1977 Act as amended, allow for the lodging of the claim within a further period.
Accordingly, the Tribunal has no jurisdiction under the Unfair Dismissals Acts, 1977 to 2007 to hear the claim and the appeal fails.
Sealed with the Seal of the
Employment Appeals Tribunal