Insight

Unfair Dismissal award overturned by the Labour Court – Claim deemed out of time

One of the first things we look at when reviewing a WRC claim form on behalf of clients is whether it has been submitted within the statutory time limits. Most statutory employment law claims must be filed within 6 months of the event. If such claims are filed outside that time limit, but within 12 months, they can still be allowed to proceed if the employee can show “reasonable cause”.

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One of the first things we look at when reviewing a WRC claim form on behalf of clients is whether it has been submitted within the statutory time limits. Most statutory employment law claims must be filed within 6 months of the event. If such claims are filed outside that time limit, but within 12 months, they can still be allowed to proceed if the employee can show “reasonable cause”.

The legal test for determining if reasonable cause exists is well established – a complainant must “explain the delay and afford an excuse for the delay”. That explanation must be “reasonable… it must make sense, be agreeable to reason and not be irrational or absurd”.

In that regard, a recent Labour Court decision is noteworthy as it overturned a Workplace Relations Commission (WRC) award to a former Tesco worker, finding that his claim at the WRC was out of time.

The Complainant was dismissed from Tesco Express in March 2016 and brought a claim to the WRC in December 2016 for Unfair Dismissal. The Complainant had submitted his claim to the WRC some eight months after his dismissal and after expiry of the six month time limit for bringing such a claim.

At the WRC hearing the Complainant, who was legally represented, applied for an extension of time. This was granted by the Adjudication Officer, who found reasonable cause existed for granting such an extension. Having surmounted the initial hurdle, the Complainant went on to win his case and the Adjudicator awarded him €10,000 over his dismissal.

This decision was appealed to the Labour Court, with Tesco arguing that there were no grounds for an extension of time.

At the Labour Court the Complainant, who was this time not legally represented, submitted that there were a number of grounds for his delay. He said that he was in Pakistan for a period of time between April and August 2016 after his brother had died, his mother was ill and he also had a serious medical condition which had caused him to be hospitalised.

Another point previously put forward by the Complainant at the WRC hearing for an extension of time was that the internal appeal process at the employer was still ongoing until late September 2016.

The Court noted that the Complainant had an ongoing medical condition but was not satisfied that this medical condition prevented him from referring the claim on time. When the Complainant returned from Pakistan there were still three weeks remaining to refer his complainant to the WRC and, in any event, it was possible to submit his claim online. The Complainant obtained legal advices on the 30 November 2016 however the Court noted that there were no grounds for not seeking legal advice before this date.

In conclusion the Court held that there were no reasonable grounds for the delay in bringing the claim and therefore found that the claim was out of time when it was presented to the WRC. It overturned the decision of the Adjudication Officer.

This case serves as a useful reminder of the test to be applied before granting an extension of time and the difficulty in obtaining an extension if the reasons put forward do not amount to “reasonable cause”.

(UDD1965)