Ex-mayor’s unfair dismissal claim is filed too late

The political duties of a former mayor of Wexford were a key factor in his failure to process a claim for unfair dismissal from his job with a local development agency.

The Employment Appeals Tribunal ruled that it did not have jurisdiction to hear the claim for unfair dismissal made by David Hynes, an independent member of Wexford Borough Council, from his job with Wexford Local Development.

It stated Mr Hynes had filed claims for unfair dismissal and redundancy outside the six-month time limit from the date his employment with the company was terminated in Sept 2011.

Mr Hynes, who resigned as a member of the Labour Party last year, argued that he had undergone cardiac surgery which should constitute “exceptional circumstances” to allow his claim to be heard by the tribunal.

However, the EAT ruled that Mr Hynes was performing his duties as mayor of Wexford at the time he was claiming he was unable to submit a claim to the tribunal.

“If the claimant was capable of fulfilling his duties as mayor, he was equally capable of filing his claim within the time limits set down by legislation,” it concluded.

Mr Hynes told the tribunal he had struggled with his physical and psychological health since he had a cardiac bypass in Jan 2011.

He explained that he had worked a three-day week following the procedure, while he also took up the role of mayor in Jun 2011.

Mr Hynes claimed he viewed such activities as therapeutic. He gave evidence that he experienced depression after the operation. However, Mr Hynes — who has been a member of Wexford Borough Council since 1997 — did not submit his claim to the tribunal until April 2012.

The tribunal said it was not in a position to extend its usual six-month deadline for lodging claims in Mr Hynes’ case.