Ballinalard Transport v Jakimavicius

Posted In: Case Law
  • Case Reference
    WTC/19/90, Determination No DWT 1531
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Working Time, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Time Limits; Statute Barred; Reasonable Cause

The complainant in this case alleged a number of breaches of the working time legislation concerning his entitlements to paid annual leave and public holidays.

Although his complaint was submitted some eight months after his employment terminated, a Rights Commissioner decided to allow an extension of time under Section 27 (5) of the Act (for reasons that are not explained in the Labour Court appeal decision) and he was awarded €900 in compensation. The respondent employer appealed this decision to the Labour Court. The complainant did not attend the appeal hearings.

It was clear that the complainant’s employment ended on November 22nd 2012. The respondent’s representative submitted a

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This article is correct at 18/06/2015

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Paul Joyce BL

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