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Employment Appeals Tribunal: Unfair Dismissal

The EAT is the forum for unfair dismissal claims and is also the forum for appeals of rights commissioners recommendation. It was established by Section 39 of the Redundancy Payments Act, 1967.

The EAT was established to provide a speedy, inexpensive and relatively informal means for a solution of disputes under the various legislation which comes under the remit of the EAT.

How can a direct claim be submitted?

Direct claims can be made to the Tribunal under the following acts:

1. Redundancy Payments Acts, 1967 - 2003.
2. Minimum notice in terms of Employment Acts, 1973 - 2001.
3. Unfair Dismissals Act, 1997 - 2001 and Organisation of Working Time Act, 1997.

What happens once you have established you have a claim?

Once a claimant has established that they have a claim they must lodge Form T1A within six months of the date of dismissal, extendable to twelve months where appropriate. Once the T1A form has been served on the employer, the employer has fourteen days within which to lodge their T2 form to enter a Notice of Appearance before the Tribunal.

What happens when you have a hearing date?

Once the necessary forms have been lodged with the EAT and the possibility of settlement talks are not successful, a hearing date will be allocated by the EAT. Upon receipt of the hearing date the claimant is advised and they are asked to notify the relevant witnesses and confirm their attendance.

Normally, the first day of hearing will only be allocated for a half day and if it transpires that the case is not finished within this time another date is arranged with the EAT at the end of the first day of hearing. There is a possibility that there may be a lapse of several weeks before the next hearing date.

It should be noted that an adjournment is extremely difficult to obtain from the EAT and an application must be made within five days of receipt of the Notice of Hearing as to why either party may request an adjournment. It is also necessary that the other sides consent be sought in writing and evidence of the consent or the effort to seek the consent must be shown to the EAT who will be hearing the application.

It should be noted that even when the other side consent to an adjournment it may not be granted by the EAT.

It is important that a witness summons should be applied for as soon as possible. The witness summons remains in force for the length of the hearing.

Evidence for the hearing

1. Financial Loss: The Respondents (normally the employer) representative should send the Claimant or the Claimants representative a letter requesting particulars of financial loss and evidence of all efforts made to mitigate their loss. There is no obligation on the Claimant to reply in advance of the hearing but such information and evidence should be produced on the day of the EAT hearing.
2. Books of relevant documents: It is always helpful that books of relevant documents should be prepared by both parties to be submitted to the EAT on the day of the hearing. Documentation should be exchanged with the Representative of the other party before the start of the hearing and the contents of the booklets should be agreed prior to the hearing.

It should be noted that whilst the EAT is empowered to take evidence on oath it is not essential to take sworn evidence and evidence may be presented in a less formal manner. Both parties to the case are entitled to make opening statements and the EAT does not have power to order discovery of documents.

Costs

The EAT does not normally award costs against any party unless, in its opinion, a party has acted frivolously or vexatiously. It should be noted that such costs are confined to a specified amount in respect of travelling expenses and other costs or expenses reasonably incurred by that party in connection with the hearing.

It should be noted that the EAT makes a determination and may award reinstatement, reengagement or compensation up to two years remuneration.

Appeals

If either party decide that they wish to appeal the determination of the EAT the appeal must be made to the Circuit Court within six weeks under Section 7 of the Unfair Dismissals Amendment Act, 1993. An appeal of the EAT determination can be made to the High Court on a point of law only.

Time Limit- Statute of Limitations

It is important for the Claimant to note that they must bring their claim and lodge their papers within six months of the date of dismissal, which can be extendable to twelve months where appropriate. It should be noted that this is a strict time limit.

Sabrina Comerford

Solicitor

Seeking Employment Law Advice

If you would like to set up a consultation with an Employment Law Solicitor please contact Malcomson Law by calling 01 8744422.

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