Brothers of Charity v Kieran O'Toole [2016] ILCR

Posted In: Case Law
  • Decision Number
    HSD162
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
Issues covered: Industrial Relations Acts, 1946 to 1990; Section 29(1), Safety, Health and Welfare at Work Act, 2005; Time Limits

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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This article is correct at 08/04/2016
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