EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
against the recommendation of the Rights Commissioner in the case of:
UNFAIR DISMISSALS ACTS 1977 TO 2015
I certify that the Tribunal
(Division of Tribunal)
Chairman: Dr. A. Courell B.L.
Members: Mr T. Gill
Ms. R. Kerrigan
heard this appeal at Letterkenny on 6th June 2017 and 7th June 2017
Appellant: In person
Respondent: Kevin Little, C/o Patrick Rooney, Industrial Relations
Officer, Letterkenny General Hospital, Letterkenny, Co Donegal
This case came before the Tribunal as an appeal by an employee, the appellant, against the recommendation of the Rights Commissioner reference r-125055-ud-12/EOS under the Unfair Dismissals Acts 1977 to 2007.
This was a de-novo hearing and the Tribunal firstly had to decide if it had jurisdiction to hear the claim before it under the Unfair Dismissals Acts 1977 to 2007.
The appellant brought a case for Unfair Dismissal before another division of the Employment Appeals Tribunal. The case was heard in Letterkenny on: 9th July 2007, 8th and 9th October 2007. The Tribunal, by way of a decision dated 1st October 2008, found in favour of the appellant and found that his dismissal on 6th March 2006 was unfair. The order was that he be re-engaged within two months from the date of the determination. The period of re-engagement was to be until the completion of his apprenticeship or a maximum period of 9 months.
That determination was appealed to the Circuit Court. The order was not advanced before this Tribunal but it was accepted that the matter had come before Judge McCabe at a sitting of the Circuit Court in Ballybofey on 20th January 2011. It is common case that Judge McCabe varied the order of the Employment Appeals Tribunal and directed that the appellant had until 1st June 2011 to recommence his apprenticeship. The Circuit Court affirmed the order of the Employment Appeals Tribunal in all other respects.
The appellant was re-engaged pursuant to the Circuit Court order on 6th June 2011 to 6th March 2012. The period of re-engagement was terminated on the expiration of the 9 month period. The appellant then brought a fresh claim under the Unfair Dismissals Act deeming his dismissal unfair.
The Tribunal notes that it is accepted that the appellant was dismissed on 6th March 2012 which was after the period of 9 months, in accordance with the original Employment Appeals decision as affirmed by the Circuit Court. The appellant raised the issue as to whether the respondent had substantively complied with the decision in relation to the quality of his apprenticeship.
However, this Tribunal does not have jurisdiction to consider the issue of compliance.
In the circumstances, the Tribunal is not satisfied that it has jurisdiction to hear the appellant’s claim. Accordingly, the Tribunal varies the order of the Rights Commissioner in so far as it finds that it does not have jurisdiction to hear the substantive case.
Sealed with the Seal of the
Employment Appeals Tribunal