Dáil Éireann Debate, Tuesday - 16 April 2013
558. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation the circumstances in which the Employment Appeals Tribunal acceptslate appeals; if the other party is automatically notified of such an appeal and given an opportunity to refute the late basis of the claim; and the systems that are in place to deal with the logging of an appeal by the deadline. [17050/13]
View answerThe Employment Appeals Tribunal (EAT) is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day to day operations.
The various pieces of legislation under which the Tribunal has jurisdiction to hear cases set out the time limits for initiating claims or appeals with the Tribunal. Under the Unfair Dismissal and the Redundancy Payments Acts the Tribunal has discretion to extend the time for bringing a claim. In Unfair Dismissal cases the employee has six months from the date of dismissal to lodge a claim. However, the Tribunal, in exceptional circumstances, can extend the period for up to a year. In Redundancy Payment cases the time limit can be extended from one year to two years when reasonable cause is shown. Any issue concerning the extension of the statutory time limits in relation to the referral of a complaint to the Tribunal is a matter for the Division of the Tribunal hearing the case on the day of the hearing.
The Tribunal also hears appeals from the recommendations or decision of Rights Commissioners. The time limit for lodging the appeal depends on the relevant legislation and will be either 4 or 6 weeks from the date the Rights Commissioners Recommendation was communicated. The Tribunal does not have discretion to extend this period.
All claims/appeals are logged as received on the date the complaint is received in the Tribunal. The respondent is served a copy of the claim/appeal form along with a blank Notice of Appearance Form (T2). The Form T2 gives the respondent an opportunity to furnish a summary of the defence of the claim/appeal or alternatively concede the claim/appeal. All issues regarding a late lodgement of a claim will be a matter for the Division of the Tribunal on the day of the hearing.
