Brothers of Charity v Kieran O'Toole  ILCRPosted In: Case Law
Legal BodyLabour Court (LC)
Type of Claim / Jurisdiction
The case concerned an alleged penalisation of the complainant by the respondent under section 27 of the Act. However, the Court dealt with the preliminary issue of whether such an act of penalisation had occurred within the cognisable period for this complaint i.e. within six months of the date of the contravention. The complainant admitted that his initial complaint, dated the 19th November 2013, did not include events related to an injury which had only come to his knowledge in 2015. The Court affirmed that it is not the date of occurrence of penalisation which is determinative, instead it is the date of the complaint. Therefore the Court held that they had no jurisdiction to consider the
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