Flair Salon Services Ltd (Represented by Mc Mahon & Company, Solicitors) v Barry Kelly

• Jurisdiction: Ireland
• Judgment Date: 24 January 2020
• Judgment citation (vLex): [2020] 1 JIEC 2406
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.UDD204 ADJ-00015852 CA-00018409
• Date: 2020
• Year: 2020
• Court: Labour Court (Ireland)

PARTIES:

Flair Salon Services Ltd (Represented by Mc Mahon & Company, Solicitors)

and

Barry Kelly

FULL RECOMMENDATION

UD/19/18

DETERMINATION NO.UDD204

ADJ-00015852 CA-00018409

Labour Court

DIVISION:

Chairman: Mr Foley

Employer Member: Ms Connolly

Worker Member: Ms Treacy

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No: ADJ-00015852 CA-00018409

BACKGROUND:

2 2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court on 21 December 2018 in accordance with Section 8(A) of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 23 January 2020. The following is the Determination of the Court:-

DETERMINATION:

3 This is an appeal by Barry Kelly (the Appellant) against the Decision of an Adjudication Officer given under the Unfair Dismissals Act 1977 – 2015 (the Acts) in his claim of unfair dismissal made against his former employer Flair Salon Services Limited (the Respondent).

4 The Appellant's employment terminated on 5 ^th October 2017 and he referred his complaint under the Acts to the Workplace Relations Commission on 5 ^th April 2018. The claim was out of time and an application was made for an extension of time. The Adjudication Officer decided that no reasonable cause had been shown by the Appellant for the delay in making his complaint to the Workplace Relations Commission and the complaint failed.

5 The Adjudication Officer's Decision issued on 7 ^th November 2018. The within appeal was received by the Court on 21 ^st December 2018.

6 Preliminary Issue — Time Limits.

7 The Respondent raised as a preliminary issue the fact that the Appellant's Appeal was referred to the Labour Court outside the statutory time limit of 42 days provided in the Act.

8 The Appellant, who was unrepresented, contended that his appeal was made in time.

9 In the interest of efficiency of process, and in view of the fact that this matter had the potential to be determinative of the appeal in its entirety, the Court set out at its hearing that it would determine the matter of time limits for the making of the within appeal as a preliminary matter and only thereafter would the Court, if required, proceed to hear the substantive matter. Neither party raised any objection to this approach.

10 Relevant Law

11 The Workplace Relations Act at Section 44(3) and 44(4) provides as follows

• 44 (3) Subject to subsection (4), a notice under subsection (2)...