UDD2417

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00039103 (CA-00050744-001)

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officerto the Labour Court on 4 July 2023 in accordance with Section 8A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 17 April 2024. The following is the Decision of the Court.

DECISION:

This matter comes before the Court as an appeal by Gheorghe Daniel Marcu (the Appellant) against a decision of an Adjudication Officer in his complaint against Dangan Group (the Respondent) made under the Unfair Dismissals Act, 1977 (the Act).

The Adjudication Officer decided that the Appellant was not unfairly dismissed.

Background

The Appellant submitted that he was dismissed by the Respondent on 14th April 2020. The within complaint was made to the Workplace Relations Commission (WRC) on 21st May 2022.

The fact of dismissal is in dispute.

The Respondent had submitted at first instance that, notwithstanding the submission that the Appellant had not been dismissed, the within complaint was made out of time having regard to the statutory time limits applicable. That submission was made before the Court also.

The Court proposed to the parties that the matter of applicable time limits should be decided initially, and that if the Court concluded that the complaint of the Appellant was out of time, the matter would be concluded. If the Court decided that the complaint was in time, a further substantive hearing would be convened.

The representatives of the Appellant and the Respondent confirmed to the Court that they were agreeable to this approach being taken by the Court.

Law relevant to statutory time limits applicable to complaints made under the Act

Section 8 of the Act in relevant part makes provision as follows:

8(2) A claim for redress under this Act shall be initiated by giving a notice in writing (containing such particulars (if any) as may be specified in F59[regulations under subsection (17) of section 41 of the Act of 2015]) to F60[the Director General]—

(a) within the period of 6 months beginning on the date of the relevant dismissal, or

(b) within such period not exceeding 12 months from the date of the relevant dismissal as the adjudication officer considers appropriate, in circumstances where the adjudication officer is satisfied that the giving of the notice within the period referred to in paragraph (a) was prevented due to reasonable cause,

and a copy of the notice shall be given by the Director General to the employer concerned as soon as may be after the receipt of the notice by the Director General.

Discussion and conclusion

The Appellant has clarified to the Court that the date of termination of his employment was 14th April 2020. The within complaint was made to the WRC on 21st May 2022 which is approximately two years and one month following the alleged dismissal. He has made no submission contending that the within appeal is within time having regard to the statutory time limits applicable or could be brought in time through the exercise by the Court of any jurisdiction to extend time for the making of a complaint.

The Respondent submits that no dismissal has taken place but has contended that, notwithstanding its position on the occurrence of a dismissal, any complaint made on 21st May 2022 regarding an alleged dismissal occurring on 14th April 2020 is manifestly and irreparably out of time such that the Court has no jurisdiction under the Act to decide such a complaint.

The Court concludes, having regard to the provisions of the Act at Section 8, that the within complaint was made out of time.

Having reached that conclusion the Court must decide that the within appeal fails.

Decision

The Court decides that the within appeal must fail.

The decision of the Adjudication Officer is affirmed.

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
CC	______________________
24 April 2024	Chairman

NOTE

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