TA Hotels Ltd Lynams Hotel v Preeti Khoosye (Represented by Michael McCormack B.L., Instructed by William Fry, Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 30 January 2018
• Judgment citation (vLex): [2018] 1 JIEC 3001
• Docket Number: ADJ-00006896 CA-00009334-001/002,FULL RECOMMENDATION,DETERMINATION NO.DWT183
• Court: Employment Appeal Tribunal (Ireland)
• Date: 30 January 2018

Labour Court (Ireland)

FULL RECOMMENDATION

WTC/17/68

DETERMINATION NO.DWT183

ADJ-00006896 CA-00009334-001/002

PARTIES:

TA Hotels Ltd Lynams Hotel

and

Preeti Khoosye (Represented by Michael McCormack B.L., Instructed by William Fry, Solicitors)

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Ms Doyle

Worker Member: Mr McCarthy

SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997

SUBJECT:

1 1. An appeal of an Adjudication Officer's Decision no: ADJ-00006896.

BACKGROUND:

2 2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court on the 27 September 2017 in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 12 January 2018. The following is the Decision of the Court.

DETERMINATION:

3 The Complainant lodged complaints with the WRC on 26th January 2016 under the Organisation of Working Time Act 1977, the Payment of Wages Act 1991, the Terms of Employment (Information) Act 1994 and the Redundancy Payments Acts 1967. The complaints were heard on the 19th April, 2017 and the Respondent failed to appear. The Adjudication Officer issued a decision upholding each of the complaints on the 6th July 2017. The Respondent by letter of the 27th September 2017 appealed the decisions. The appeal was submitted outside of the statutory time limit. A hearing of the Court was scheduled for 12th January 2018. At that hearing both parties agreed that the Court would deal with the time limits as a preliminary issue. In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Ms Andreucetti is referred to as the Respondent and Ms Preeti Khoosye is referred to as the Complainant

4 This matter comes before the Court by way of a preliminary application by the Respondent relating to the time limit set out in the Workplace Relations Act, 2015 (the Act) at Section 44(3) as regards the making of an appeal against the decision of an Adjudication Officer. The Act at Section 44(2), (3) and (4) provides as follows:

• (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 .

5 In the within...