RPD1711

This is an appeal to the Court, on behalf of Mr Georgie Davis (‘the Complainant’), against a decision of an Adjudication Officer (ADJ-00006641), dated 21 July 2017. The Notice of Appeal was received by the Court on 1 September 2017.

Preliminary Issue

The Notice of Appeal was received outside the 42-day period for bringing an appeal provided for in section 44(4) of the Workplace Relations Act 2015 (‘the Act’). The Complainant, through his Counsel, Ms Walsh BL, is seeking an extension of time to bring the appeal on the grounds that there were ‘exceptional circumstances’ at play which prevented him bringing the appeal within the statutory time period.

Ms Walsh BL explained to the Court that she had been instructed by Ellis & Co to complete the Labour Court Appeals Form and return it to their office to be signed by the Complainant. Ms Walsh BL was indisposed for a period of time due to personal circumstances as a result of which she was unable to return the completed form to her instructing Solicitor until 1 September 2017, on which date it was signed by the Complainant and dispatched to the Court. It appears that the Principal at Ellis & Co was also on annual leave for a period in August 2017. In any event, the completed form was ultimately received by the Court one day outside the time limit provided for in section 44(4) of the Act.

Boxmore Plastics Ltd (‘the Respondent’), through its Solicitors, Purdy Fitzgerald, objects to the application for an extension of the period for bringing the appeal. It submits that no exceptional circumstances within the meaning of section 44(4) applied to prevent the Complainant’s appeal being lodged within the 42-day period allowed. It further submits that the Complainant’s Solicitors could have completed and submitted the Labour Court Appeals Form without the assistance of Junior Counsel.

Discussion

The burden of proof in establishing the existence of exceptional circumstances rests with the Complainant. To discharge that burden the Complainant must present clear and cogent evidence to support the contention that exceptional circumstances within the meaning of Section 44(4) of the Act exist and that those circumstances acted so as to prevent the applicant from lodging his appeal within time.

The Labour Court Appeals Form is a relatively simple document. It is routinely completed by appellants acting without any legal assistance. It requires an appellant to give his/her name and contact details, the respondent’s details and details of the first instance decision being appealed against. The Court does not accept that Counsel’s unavailability to complete the appeal form satisfies the test for the extension of time specified in section 44(4) of the Act.

Decision on Preliminary Issue

This matter was referred to the Court outside the statutory time limit, and as there are no exceptional circumstances to justify an extension of time sought on behalf of the Complainant, the Court determines that it has no jurisdiction to hear the within appeal.

The Court so determines.

Signed on behalf of the Labour Court



Alan Haugh
13th October 2017______________________
SCDeputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.