UDD2435

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00044175 (CA-00053219-002)

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officerto the Labour Court on 11th March 2024 in accordance with Section 8A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 7th August 2024.

The following is the Decision of the Court:

DECISION:

This is an appeal by Ms Ann Munoz (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00044175/ CA-00053219-002, dated 29 January 2024) under the Unfair Dismissals Act 1977 (‘the Act’).

The Complainant was employed by AWP Health & Life Spa Allianz Partners (‘the Respondent’) until her employment terminated by reason of redundancy on 30 November 2021. Her complaint under the Act was referred to the Workplace Relations Commission on 12 October 2022 i.e. significantly outside the six-month statutory limitation period for referring such complaints.

The Adjudication Officer found that he did not have jurisdiction to hear the complaint in circumstances where the Complainant had not established reasonable cause that both explained and justified her delay in referring her complaint.

The Complainant’s Notice of Appeal was received in the Court on 11 March 2024 i.e. forty-three days from the date of the Adjudication Officer’s decision. The Court heard the appeal in Dublin on 7 August 2024.

The Law

Section 8A(2) of the Act provides that, “Section 44 of the Workplace Relations Act 2015 shall apply to a decision of an adjudication officer given in respect of a claim for redress under this Act by an employee as it applies to a decision of an adjudication officer given in proceedings under section 41 of that Act, subject to [certain] modifications”.

Sections 44(3) and 44(4) of the Workplace Relations Act 2015 are not subject to any modification by section 8A(2) and provide:

“(3) Subject to subsection (4), a notice under subsection (2) shall be given to the Labour Court not later than 42 days from the date of the decision concerned.

(4) The Labour Court may direct that a notice under subsection (2) may be given to it after the expiration of the period specified in subsection (3) if it is satisfied that the notice was not so given before such expiration due to the existence of exceptional circumstances.”

Discussion and Decision

Counsel for the Complainant informed the Court that there were no “exceptional circumstances” applicable in this case to explain the fact that the within appeal was referred forty-three days from the date of the Adjudication Officer’s decision. It follows, therefore, that the appeal is out of time and the Court has no jurisdiction to extend time.

The decision of the Adjudication Officer, therefore, stands.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
CC	______________________
8 August 2024	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.