EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD21/2015
MN14/2015
WT12/2015
CLAIM(S) OF:
Ronan Rea – claimant
Against
Cameron Cars Limited Bob Cameron – respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
ORGANISATION OF WORKING TIME ACT 1997
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr J. Horan
Mr M. O'Reilly
heard this claim at Dublin on 10th July 2015
Representation:
_______________
Claimant(s): Mr David Rea, Airdowns Great, Broadway, Co Wexford
Respondent(s): Mr Shannon Haynes BL instructed by Ms Carol Sinnott, Sinnott Solicitors, 10 Church Avenue, Rathmines, Dublin 6
The determination of the Tribunal was as follows:-
Preliminary Issue:
The claimant was employed by the respondent company from 5th September 2012 to 24th January 2014. He submitted his application to the Tribunal on 9th January 2015 which was outside the statutory six month time limit for lodging a claim under the Unfair Dismissals Acts 1977 to 2007. The Act provides for the time limit to be extended by a further six months in the where ‘exceptional circumstances’ prevented the claimant lodging the claim within the first six month period. The Tribunal heard evidence and submissions on this point.
The claimant submitted that he visited the Citizens’ Information Service and they submitted the claim form on his behalf. He understood that a claim under the Unfair Dismissals Acts was included. He did not realise that this was not the case when he received notice of a judicial review of the Rights Commissioner recommendation on 20th January 2015. The employer was not present at the Rights Commissioner hearing in June 2014 heard under the Terms of Employment (Information) Act 1994 and under regulation 15 of the European Communities (Organisation of Working Time)(Mobile Staff in Civil Aviation) Regulations 2006 (the claimant was seeking holiday pay). The Rights Commissioner awarded €5108.00 under those Acts. This was successfully judicially reviewed by the respondent and that order was quashed. The claimant confirmed that unfair dismissal was not raised at the hearing nor was minimum notice. He did not think about it at the time. He was happy with the Rights Commissioner recommendation and would have been happy with that. He thought the Rights Commissioner had dealt with the unfair dismissal claim.
The claimant agreed that he received one week’s pay in lieu of notice from his employer. He was informed by his employer on 10th January 2014 that it was not working out. He left that day.
The respondent submitted that the claimant’s application was frivolous and vexatious in nature and made an application seeking costs and expenses against the claimant.
Determination:
The Tribunal was not satisfied that exceptional circumstances existed in this case which prevented the claimant from making an application under the Unfair Dismissals Acts 1977 to 2007 within the statutory six month time limit. Therefore the Tribunal does not have jurisdiction to hear the claim.
Claims under the Organisation of Working Time Act must be made within six months of the contravention as per section 27 (4) of that Act. Section 27 (5) of that Act provides for an extension of a further six months to lodge the claim if the failure to present the claim within the first six months ‘was due to reasonable cause’. The Tribunal is not satisfied that this was the case and accordingly finds that the claim is statute barred and the Tribunal does not have jurisdiction to hear the claim.
The claimant acknowledged that he received payment in lieu of notice and accordingly the claim under the Minimum Notice and Terms of Employment Act is dismissed.
The Tribunal refuses the respondent’s application for costs as the Tribunal is not satisfied that the claimant’s application was frivolous and vexatious in nature.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)