Towerbrook Ltd Castle Durrow Country House (Represented by Mr William Kelly B.L. Instructed by Williams Solicitors) v Laura Strelniece (Represented by Ms. Caroline Doyle B.L. Instructed by Sean Ormonde Solicitors & Company)

• Jurisdiction: Ireland
• Judgment Date: 15 January 2020
• Judgment citation (vLex): [2020] 1 JIEC 1505
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.EDA205 ADJ-00012892-CA-00017209-022 CA-00017209-023
• Date: 2020
• Year: 2020
• Court: Labour Court (Ireland)

PARTIES:

Towerbrook Limited Castle Durrow Country House (Represented by Mr William Kelly B.L. Instructed by Williams Solicitors)

and

Laura Strelniece (Represented by Ms. Caroline Doyle B.L. Instructed by Sean Ormonde Solicitors & Company)

FULL RECOMMENDATION

ADE/19/15

DETERMINATION NO.EDA205

ADJ-00012892-CA-00017209-022 CA-00017209-023

Labour Court

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Ms Connolly

Worker Member: Ms Treacy

SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2015

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No(S). ADJ-00012892 CA-00017209-022 CA-00017209-023.

BACKGROUND:

2 2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court on 30 January 2019. A Labour Court hearing took place on 9 January 2020. The following is the Court's Determination:-

DETERMINATION:

3 This is an appeal by the Applicant against a Decision of an Adjudication Officer ADJ-00012892, CA-00017209-022 dated 11 ^th December 2018 under the Employment Equality Acts 1998. The Notice of Appeal was received on the 24th January 2019, which was outside the 42-day period for bringing an appeal provided for in section 44(4) of the Workplace Relations Act 2015 (‘the Act’). The Adjudication Officer decision is dated 11 ^th December 2018. In order for the appeal to have been submitted within the statutory timeframe the appeal would have to have been received by the Labour Court no later than the 21 ^st January 2019. The Applicant sought an extension of time to bring the appeal on the grounds that there were ‘exceptional circumstances’ at play which prevented her bringing the appeals within the statutory time period.

4 The Representative for each party agreed a common matrix of facts in respect of the application to extend time on the grounds of exceptional circumstances.

5 The parties agreed that there was a chimney fire on the 29 ^th November 2018 and that the Complainant, and her family were out of the property for four days. The Complainant provided a letter dated 4 ^th March 2019 from the local fire authority confirming that there had been a fire on the 29 ^th November 2018.

6 In relation to the Complainant's partner's health it was common cause that he suffered from ulcerative colitis. He was in work up to and including the 6 ^th January 2019. He was admitted to a local hospital on the 7 ^th January and moved to a hospital in Dublin on the 16 ^th January 2019. He underwent significant surgery on the 23 ^rd January 2019.

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