EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Povilas Silkauskas - appellant UD1429/2013
against the recommendation of the Rights Commissioner in the case of:
Midland Construction and Engineering – respondent
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr F. Cunneen
Mr S. Mackell
heard this appeal at Dublin on 17th February and 2nd April 2015
Appellant: Mr Michael Hughes-Dillon BL instructed by Mr Barry McAlister of
John P. Prior & Co Solicitors, Cogan Street, Oldcastle, Co. Meath
Respondent: Mr Conor O’Connell of CIF
4 Eastgate Avenue, Little Island, Cork
The determination of the Tribunal is as follows:
This case came before the Tribunal as an employee appeal of the recommendation of the Rights Commissioner reference r-133637-ud-13/RGunder the Unfair Dismissals Acts 1977 to 2007 fails and therefore affirms the Rights Commissioner Decision.
Before hearing the substantive case the Tribunal first had to decide whether the claim had been made inside the statutory time limit. The claimant gave evidence on this issue and told the Tribunal that on 27th January 2012 he was working on a site in Dublin driving a teleporter when the operations manager phoned him and informed him that he was to report for work to a site in Cork on Monday morning. The claimant did not go to Cork at that time. He felt that it was very short notice.
The claimant got advice from the CIC and later applied for redundancy. He still expected to be offered work by the respondent. In July 2012 his legal representative wrote to the respondent saying that the claimant would accept redundancy. The claimant was not offered work and neither was he paid redundancy.
The claim for unfair dismissal was lodged with the Rights Commissioner on 8th January 2013.
The tribunal is satisfied that the claimant’s employment ended at the end of January 2012. The claimant quoted no exceptional circumstances that would allow the Tribunal extend the time within which to lodge his claim. The Tribunal finds that it has no jurisdiction to hear this appeal. The recommendation of the Rights Commissioner is upheld.
Sealed with the Seal of the
Employment Appeals Tribunal