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Village at Lyons night manager’s constructive dismissal claim two days too late

Adorjan Gimesi lodged complaint about Kildare employer under the Unfair Dismissals Act

The Workplace Relations Commission heard the argument that Adorjan Gimesi was out of time as he had not lodged his complaint until January 30th, putting his last day of employment beyond the normal jurisdiction of six months before a complaint.

Thu May 9 2024 - 20:28

A former night manager at the Village at Lyons in Co Kildare has been told he cannot pursue a constructive dismissal claim against his former employer because he missed the statutory deadline for a claim by just two days.

Adorjan Gimesi had accused his employer of constructive dismissal from his job at the property at the Lyons Estate in Co Kildare, lodging a complaint under the Unfair Dismissals Act 1977 following his resignation in July 2023.

At a Workplace Relations Commission (WRC) hearing on Thursday, the hotel’s barrister, Barry O’Mahony, argued that Mr Gimesi was out of time as he had not lodged his complaint until January 30th this year, putting the last day of employment beyond the WRC’s normal jurisdiction of six months before a complaint.

Opening a series of emails, Mr O’Mahony said the complainant resigned in writing on July 2nd and asked his employer to take a remaining period of certified sick leave and holiday entitlements as his notice.

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Mr O’Mahony submitted correspondence between Mr Gimesi and the Cliff Group’s head of HR, Joe Maguire, stating that the latter had urged the complainant to reconsider but was turned down twice.

“In response to your email I have asked for help many times in the past, but I feel that management never listened to me… I feel that we were wasting each others’ time,” Mr O’Mahony submitted, quoting from an email sent by Mr Gimesi.

“I stand over my decision and don’t want to go back to work at the hotel,” Mr Gimesi wrote.

Mr O’Mahony told the tribunal that Mr Gimesi returned his uniform to the hotel on July 20th, and that his sick certificates ran out on July 28th that year. Mr O’Mahony contended it was never the complainant’s intention to work “any period of his notice”.

Mr Gimesi said he “had to” give a month’s notice as a “long-term manager” and that his employer never set out in writing when his last day of employment would be. “I don’t think I’m out of time,” he added.

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Adjudicator Conor Stokes told the hearing that the latest case law held that where a contract of employment provided for a payment to a worker in lieu of notice – as Mr Gimesi’s did, he noted – the date of termination was taken to be the date of payment.

Mr Stokes noted that payment was apparently made on July 28th, 2023, and Mr Gimesi had complained on January 30th, 2024, six months and two days later.

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The employment tribunal also heard that Mr Gimesi had referred a separate set of statutory complaints in December 2023 under the Organisation of Working Time Act, alleging he was denied breaks and holidays. He is awaiting a decision following a separate hearing earlier this year.

“Given that you already got a complaint in on time to the WRC, I have to bear that in mind, so I consider that this is out of time and I will try and issue my decision this afternoon on that basis,” Mr Stokes told the complainant, before closing the hearing

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