Der v Aldi Stores Ireland Ltd

• Jurisdiction: Ireland
• Judgment Date: 15 July 2016
• Judgment citation (vLex): [2016] 7 JIEC 1502
• Date: 15 July 2016
• Docket Number: UD2413/2011,WT275/2012
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. UD2413/2011

WT275/2012

CLAIM(S) OF:

Annemone Der

Claimant

and

Aldi Stores Ireland Limited

Respondent

Representation:

Claimant: In Person

Respondent: Mr. Paul Binchy BL instructed by: Vincent & Beatty, Solicitors, 67/68 Fitzwilliam Square, Dublin 2

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

ORGANISATION OF WORKING TIME ACT 1997

I certify that the Tribunal

(Division of Tribunal)

Chairman: Ms. K. T. O'Mahony B.L.

Members: Mr J. Browne

Mr F. Dorgan

heard this claim at Wexford on 15th July 2016

1 The determination of the Tribunal was as follows:-

2 Counsel for the respondent raised preliminary issues in respect of the jurisdiction of the Employment Appeals Tribunal to hear the claims under the Unfair Dismissals Acts, 1977 to 2007 and the Organisation of Working Time Act, 1991.

Preliminary Issue No. 1

3 1 The respondent contended that by virtue of section 101(2)(b) of the Equality Act 1977 as amended the Tribunal had no jurisdiction to hear the claim under the Unfair Dismissals Acts 1977 to 2007.

Summary of Facts

4 The claimant was dismissed on 10 August 2011.

5 On 30 November 2011 (subsequent to her dismissal) the claimant, referred a case to the Equality Tribunal pursuant to section 77(1) of the Employment Equality Act, 1977 as amended by the 1998 Equality Act, claiming compensation for alleged discrimination in her employment including a claim that she had been dismissed in circumstances amounting to discrimination.

6 The Equality Tribunal heard the claimant's complaint on 22 July 2014. In its decision dated 11 December 2014 the Equality Tribunal dismissed all of the claimant's complaints including her complaint that she had been dismissed in circumstances amounting to discrimination.

Determination

7 Section 101(2) of the Equality Act 1977 as amended (which was in force at the time the claimant made her claim to the Equality Tribunal on 2 December 2011) provides:

8 "Where an individual has referred a case to the Director (of the Equality Tribunal) 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 '

9 (a) Shall not be entitled to recover damages at common law in respect of the case, and

10 (b) If he or she was dismissed before so referring the case, shall not be entitled to seek redress (or to exercise, to continue to exercise, any other power) under...