Cregan v Coillte Teoranta
EMPLOYMENT APPEALS TRIBUNAL
CASE NO. UD190/2015
An issue was raised at the outset of the hearing whereby it was submitted on behalf of the respondent that, as the claimant had lodged claims relating to the dismissal under both the Unfair Dismissals Act 1977 to 2007 and the Employment Equality Acts, 1998 to 2004, and also that the claim was also out of time. The claimant was dismissed in 2009. The respondent submitted that the Employment Appeals Tribunal did not have jurisdiction to hear the appeal. The respondent requested and was given a preliminary decision on the day of hearing.
Section 101 (2) of the Employment Equality Acts, 1998 to 2004 provides that "where an individual has referred a case to the Director under section 77(1) and either a settlement has been reached by mediation or the Director has begun an investigation under section 79, the individual - if he or she was dismissed before so referring the case, shall not be entitled to seek redress (or to exercise, or continue to exercise, any other power) under the Unfair Dismissals Acts 1977 to 1993 in respect of the dismissal, unless the Director, having completed the investigation and in an appropriate case, directs otherwise and so notifies the complainant and the respondent".
Section 8(2) of the Unfair Dismissals Act, 1977 as amended by Section 7 of the Unfair Dismissals (Amendment) Act, 1993, provides that:
"A claim for redress under this Act shall be initiated by giving a notice in writing (containing such particulars (if any) as may be specified in regulations under section 17 of this Act made for the purposes of subsection (8) of this section) to a rights commissioner or the Tribunal, as the case may be'
(a) within the period of 6 months beginning on the date of the relevant dismissal, or
(b) if the rights commissioner or the Tribunal, as the case may be, is satisfied that exceptional circumstances prevented the giving of the notice within the period aforesaid, then, within such period not exceeding 12 months from the date aforesaid...
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