Kylemore Services Group/ Home Fare Services Limited v Terrie Clarke [2016]

Posted In: Case Law
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
Issues covered: Industrial Relations Acts, 1946 to 1990; Section 83(1), Employment Equality Acts, 1998 to 2011; Extension of Time

This decision largely concentrated on whether the appeal had been made within the statutory time limit of 42 days. The Court stressed that exceptional circumstances must be proven to allow an extension of time, which is considered on the merits of each individual case.

The Court had to consider whether it is 'out of the ordinary course or uncommon' for a solicitor to send an appeal by post one day before the expiration of the time limit without making any effort to track its progress. The Court held that the Appellant was entitled to believe that her legal representative would take all necessary steps to properly lodge the appeal, thus her circumstances were exceptional and a justifiable

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This article is correct at 01/07/2016

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