UDD2316 - Labour Court ACORN BROKERAGE LTD T/A ACORN INSURANCE BROKERS (REPRESENTED BY CAOIMHE RUIGROK BL INSTRUCTED BY KILFEATHER & COMPANY SOLICITORS) - AND - RACHEL AHEARNE (REPRESENTED BY BARRY CLIFFORD)

• Jurisdiction: Ireland
• Judgment Date: 04 May 2023
• Court: Labour Court (Ireland)

FULL RECOMMENDATION; UD/22/81; ADJ-00030821 CA-00041164-001 DETERMINATION NO. UDD2316 ; SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015 ; PARTIES: ACORN BROKERAGE LTD T/A ACORN INSURANCE BROKERS; (REPRESENTED BY CAOIMHE RUIGROK BL INSTRUCTED BY KILFEATHER & COMPANY SOLICITORS); - AND -; RACHEL AHEARNE; (REPRESENTED BY BARRY CLIFFORD); DIVISION: Chairman: Ms Connolly Employer Member: Mr Marie Worker Member: Ms Treacy ; SUBJECT : 1. Appeal of Adjudication Officer Decision No(S) ADJ-OOO30821 CA-00041164-001; BACKGROUND : 2. This matter comes before the Court as an appeal by Rachel Ahearne (the Appellant) of a decision of an Adjudication Officer in a complaint made by her against her former employer Acorn Brokerage Ltd T/A Acorn Insurance Brokers (the Respondent) under the Unfair Dismissals Acts 1977 to 2015. The Adjudication Officer held that the complaint was not well founded. A Labour Court hearing was held in Galway on 15 March 2023.; DETERMINATION : Preliminary Issue; A preliminary matter was raised with the Court addressing its jurisdiction to hear the appeal. Ms Caoimhe Ruigrock BL, on behalf of the Respondent, submitted that a valid Appeal Form was not lodged by the Appellant within the 42-day time limit specified in the Workplace Relations Act 2015 and, therefore, the Court has no jurisdiction to hear the appeal.; Rule 52 of the Labour Court Rules 2022 provides as follows: The Court may, in its discretion, give a preliminary ruling on any aspect of the case where it is satisfied that time and expense may be saved by the giving of such a ruling and/or where it has the potential to be determinative of the case . The Court decided to address this issue as a preliminary matter and to make a decision in relation to the matter on the basis that the issue has the potential to dispose of the entire matter.; Preliminary Issue - Position of the Respondent; The Adjudication Officer issued his decision 20 April 2022. The last date for the Appellant to lodge an appeal to the Court was 31 May 2022. The Respondent submits that based on email correspondence from the Labour Court dated 21 July 2022, it appears that the Labour Court advised the Appellant’s representative on 31 May 2022 that an invalid appeal was lodged to it. The Appellant had up until midnight on 31 May 2022 but, notwithstanding the notification from the Court, did not do so.; The Respondent received a signed appeal form by email dated 21 July 2022, however that appeal form was undated. No application was made to extend the time for bringing an appeal, as provided for under Section 44(4) of the Workplace Relations Act, 2015.; Preliminary Issue - Position of the Appellant; Mr Barry Clifford, on behalf of the Appellant, did not address the preliminary matter in his written submission to the Court. He submitted that he did everything correctly. In his view the Respondent was engaged in semantics, and that he would be guided by the Court on the matter.; Relevant Law; Sections 44(2) (3) and (4) of the Workplace Relations Act 2015 provide as follows:

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