FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : COVIDIEN TYCO LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - NORAH FLAHERTY DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal of Rights Commissioner's Decision r-140460-wt-13.
BACKGROUND:
2. The Worker appealed the Rights Commissioner's Decision to the Labour Court on 10th June, 2014. A Labour Court Hearing took place on 1st October, 2014. The following is the Labour Court's Determination:
DETERMINATION:
This is an appeal by Ms Norah Flaherty [the Complainant] against a Decision of the Rights Commissioner that he did not have jurisdiction to entertain the complaint that her employer, Covidien Tyco Ltd, the Respondent, contravened section 19 of the Act in the course of her employment with that company. He made that Decision on the grounds that the complaint was brought outside the statutory time limits set out in section 27(4) of the Act. He further decided the Complainant had not shown reasonable cause for the delay in referring the complaint and declined to extend time in accordance with section 27(5) of the Act. The Complainant appealed against those decisions.
The case came on for hearing before the Court in 1 October 2014. At the commencement of the hearing the Complainant told the Court that she was dismissed from her employment with the respondent on the 8th March 2013 and that she submitted a complaint under the Act to the Rights Commissioner on the 19thNovember 2013 more than six months after that date. She told the Court that the Respondent did not contravene any provision of the Act in the six-month period prior to that date.
She further told the Court that the sole reason for the delay in bringing these proceedings was that she was saving money to hire a solicitor to represent her and that she had not accumulated the necessary monies until after the six months had elapsed.
The Law
Section 27 (4) of the Act states:
- A rights commissioner shall not entertain a complaint under this section if it is presented to the commissioner after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.
Section 27(5) states:
- Notwithstandingsubsection (4), a rights commissioner may entertain a complaint under this section presented to him or her after the expiration of the period referred to insubsection (4)(but not later than 12 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to reasonable cause.
Determination
The Court affirms the Decision of the Rights Commissioner and determines accordingly.
Signed on behalf of the Labour Court
Brendan Hayes
21st October, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.