Oireachtas Joint and Select Committees

Tuesday, 6 November 2012

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Workplace Relations Service: Discussion with Employment Appeals Tribunal

2:15 pm

Mr. Peter O'Leary:

If I may, I would like to give an example of what could happen. A person whose form indicates the date he or she was summarily dismissed has six months to submit a claim. The date of dismissal under the law is the date on which the statutory notice, if it had been given, expired or if the person has an extended period under his or her contract when that notice would have expired. For example, if a person who has been summarily dismissed enters the date he or she was dismissed on the form and he or she does not submit the form within the six months timeframe but submits it six months and two weeks afterwards, and the person has been given statutory notice of a month, that can been added on to the six months timeframe but the person dealing with the form would not know that. That person would note the date of dismissal on the form as the date the applicant was summarily dismissed. Therefore, one would not know until one hears from the parties whether the statutory period should be applied. One would have to go through the hearing to establish whether it was justified that the somebody was summarily dismissed. A registrar or somebody else who is making a decision would not know by simply looking at a form whether the time period allowed for a case had expired.

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