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
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
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, register today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.