EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Darren Fleming - claimant UD1140/2014
against
Shannon Transport & Warehousing Company Limited t/a STL Logistics – respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. Wallace
Members: Mr B. O’Carroll
Mr J. Flavin
heard this claim at Limerick on 30th September 2015
Representation
Claimant: Mr Daniel J. O’Gorman of O’Gorman Solicitors,
75A Munster House, O’Connell Street, Limerick
Respondent: Ms Liz Murray of IBEC,
Gardiner House, Charlotte Quay, Limerick
The determination of the Tribunal is as follows,
Determination
The respondent’s representative told the Tribunal that when the claimant was paid redundancy he had signed a Discharge Form following legal advice that the respondent paid for. The respondent’s representative also submitted that the Tribunal had no jurisdiction to hear the claim because it had been made outside the 6 month statutory time period.
The claimant’s representative responded that following the termination of his employment the claimant felt that he had been misled and that his redundancy had been contrived.
The respondent’s representative was adamant that the respondent had lost a significant contract and this resulted in redundancies.
The Tribunal listened to the submissions and read the supporting documents. The Tribunal finds that this claim under the Unfair Dismissals Acts 1997 to 2007 must fail. The claimant signed a comprehensive Discharge Form on legal advice and also his claim was out of time and therefore the Tribunal cannot hear it.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)