Domestic & General Property Support Services Ltd v Tatiana Popa (Represented by Marius Marosan)

• Jurisdiction: Ireland
• Court: Labour Court (Ireland)
• Judgment Date: 24 July 2018
• Judgment citation (vLex): [2018] 7 JIEC 2407
• Docket Number: FULL RECOMMENDATION DETERMINATION NO. UDD1845 ADJ-00008860 CA-00011307-001
• Date: 24 July 2018

Labour Court (Ireland)

FULL RECOMMENDATION

UD/18/15

DETERMINATION NO. UDD1845

ADJ-00008860 CA-00011307-001

PARTIES:

Domestic & General Property Support Services Limited

and

Tatiana Popa (Represented by Marius Marosan)

DIVISION:

Chairman: Mr Foley

Employer Member: Ms Doyle

Worker Member: Ms Treacy

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015

SUBJECT:

1 1. Appeal of Adjudication Officer's Decision No: ADJ-00008860.

BACKGROUND:

2 2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 8(A) of the Unfair Dismissals Acts 1977 to 2015. A Labour Court hearing took place on 24 May 2018. The following is the Determination of the Court:

DETERMINATION:

BACKGROUND

3 This matter comes before the Court as an appeal by Ms Tatiana Popa (the Appellant) of a decision made by an Adjudication Officer in her complaint made under the Unfair Dismissals Act, 1977 against her former employer, Domestic and General Property Support Services Limited (the Respondent).

4 The decision of the Adjudication Officer was made on 28 ^th November 2017. The within appeal was received by the Court on 11 ^th January 2018. The Respondent submitted as a preliminary issue that the within appeal was made outside the time limit specified in the Workplace Relations Act, 2015 (the Act of 2015) at Section 44(3).

5 The Court decided to consider this matter as a preliminary matter on the basis that the Court's decision in that regard could be determinative of the entire appeal.

The Law

6 The Act of 2015 at Section 44(2), (3) and (4) provides as follows:

• 44 (2) An appeal under this section shall be initiated by the party concerned giving a notice in writing to the Labour Court containing such particulars as are determined by the Labour Court in accordance with rules under subsection (5) of section 20 of the Act of 1946 and stating that the party concerned is appealing the decision to which it relates.

○ (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 .

7 The decision of the Adjudication Officer in the within complaint was made on 28 ^th November 2017. An appeal against that decision, were it to be made within the time limit specified at Section 44(3) of the Act, would require to be made no later than 8 ^th January 2018. The within appeal was received by this Court on 11 ^th January 2018.

8 Position of the Appellant.

9 The Appellant's representative made no written submission in advance addressing this matter. The Appellant's representative, at the hearing of the Court, set out that he was unaware that an appeal of a decision made under the Unfair...