Background
The case of Mr Paul Scales v Euro Parks Ireland Limited (ADJ00028709) examines the circumstances under which the Labour Court will consider an appeal if the appeal has been lodged outside of the requisite timeline.
Mr Scales (the Complainant) brought a complaint under the Protection of Employees, (Temporary Agency Work) Act, 2012 against Euro Parks Ireland Limited (the Respondent) to the Workplace Relations Commission (WRC). He later made an appeal to the Labour Court (determination number AWD221).
Ordinarily the Labour Court requires an appeal to be made to that forum within 42 days from the issuance of a decision from an Adjudication Officer of the WRC.
The Complainant said that Christmas had intervened between the decision of the WRC and his appeal.
Legislation and Case Law
S.44 of the Workplace Relations Act 2015 reads as follows;
(3) Subject tosubsection (4), a notice undersubsection (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 undersubsection (2)may be given to it after the expiration of the period specified insubsection (3)if it is satisfied that the notice was not so given before such expiration due to the existence of exceptional circumstances.
The Labour Court addressed the question of the application of its authority to extend the period for the submission of appeals inGaelscoil Thulach na nOg and Joyce Fitzimons-Markey (EET034)as follows:-
“The Court must first consider if the circumstances relied upon by the applicant can be regarded as exceptional. If it answers that question in the affirmative the Court must then go on to consider if those circumstances operated so as to prevent the applicant from lodging her claim in time.
The term exceptional is an ordinary familiar English adjective and not a term of art. It describes a circumstance which is such as to form an exception, which is out of the ordinary course or unusual or special or uncommon. To be exceptional a circumstance need not be unique or unprecedented or very rare; but it cannot be one which is regular or routinely or normally encountered.”
Decision
Ultimately, the Labour Court decided that there were no exceptional circumstances to permit the extension of time for lodging an appeal. The Labour Court determined that there was nothing exceptional about Christmas. The Labour Court further noted that there was nothing to prevent the submission of an appeal during the Christmas period.
Takeaway
The takeaway for employees considering bringing an appeal to the Labour Court is to ensure that the appeal is filed within 42 days of the date of the decision from the WRC.
For employers, it will be necessary to demonstrate that, if an appeal is made outside of the 42 day period, no exceptional circumstances arise.
Further information
This article was prepared by Barry Crushell for informational purposes only. For further advice, please email contact@wordpress-576593-6594403.cloudwaysapps.com or contact the offices of Crushell & Co Solicitors.
