CH Marine Ltd Trading as Bantry Bay Canoes (Represented by Anne Tait & Company Solicitors) v Ciarán O'Connor

• Jurisdiction: Ireland
• Court: Labour Court (Ireland)
• Judgment Date: 12 November 2018
• Judgment citation (vLex): [2018] 11 JIEC 1207
• Date: 12 November 2018
• Docket Number: DETERMINATION NO.TUD1817,ADJ-00011634 CA-00015407-001/003/004/005/007/009,FULL RECOMMENDATION

Labour Court

FULL RECOMMENDATION

TU/18/7

DETERMINATION NO.TUD1817

ADJ-00011634 CA-00015407-001/003/004/005/007/009

PARTIES:

CH Marine Limited Trading as Bantry Bay Canoes (Represented by Anne Tait & Co Solicitors)

and

Ciarán O'Connor

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Mr Murphy

Worker Member: Mr McCarthy

SECTION 11 (1), EUROPEAN COMMUNITIES (PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS) REGULATION, 2003

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No. ADJ-00011634.

BACKGROUND:

2 2.

3 The Complainant appealed the Decision of the Adjudication Officer to the Labour Court on the 28 August 2017. A Labour Court hearing took place on the 18 October 2018. The following is the Court's Determination:-

DETERMINATION:

4 This is an appeal by Ciaran O' Connor against Adjudication Officer's Decision ADJ-00011634 given under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 ( S.I.131 of 2003). The Adjudication Officer found that the claim was out of time and that he had no jurisdiction to hear the claim.

5 The transfer in question took place on the 20 ^th January 2017. The cognisable period for the lodging of a claim under the Regulations is 28 ^th April 2017 to the 27 ^th October 2017 being the date the claim was lodged with the WRC.

6 The Court decided to deal with the preliminary issue of time limits in the first instance.

7 Complainant's case

8 The Complainant had engaged a firm of Solicitors to act on his behalf in May 2017. He subsequently parted company with the legal firm and at that stage lodged his claim.

9 Respondent's case

10 It is the Respondent's case that they were engaging with the Complainant's Solicitors and progress was being made when he decided to dispense with his legal team. The Respondent then engaged with the Complainant. It is their position that the Complainant has not demonstrated any exceptional circumstances for the delay in lodging the claim and therefore the Labour Court does not have jurisdiction to hear the claim.

11 The applicable law

12 Section 10;

13 •

14 ……

15 (6) A rights commissioner shall not entertain a complaint under this Regulation unless it is presented to the commissioner within the period of 6 months beginning on the date of the alleged contravention to which the complaint relates, or where the rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within...