Eircom Limited v Anne Melly [2016]

Posted In: Case Law
  • Case Reference
  • Decision Number
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Industrial Relations Acts, 1946 to 1990; Section 13(9), Industrial Relations Act 1969; Court Jurisdiction; Time Limits; Meaning of Worker

This case focussed on whether the Court could hear the complainant's case. The respondent argued that the complainant was not a worker under the Act and therefore could not be party to a trade dispute subject to investigation by the Court. The complainant had posted a complaint to the Workplace Relations Commission (WRC) three days before she retired, however, it was not received by the WRC until three days after she retired.

As per the Attorney General's advice, any such complaint must have been referred prior to the individual's retirement. The Court found that 'referred' meant that the complaint must have been received by the WRC pre-retirement. Accordingly, the complainant could not be

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This article is correct at 11/08/2016

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