Morehampton Foods Limited v Dean Gibbons [2017]

Posted In: Case Law
  • Case Reference
    ILCR Determination No. DWT1720
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Working Time, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Section 28(1), Organisation of Working Time Act, 1997; Time Limits; Extension of Time

This appeal involved a number of alleged contraventions of the OWT Act. By law, complaints of this nature are prohibited from being presented more than 6 months from the date of the contravention to which the complaint relates.  A preliminary issue arose in the case as the complainant was absent from his employment, due to illness, for the six months preceding the initiation of his complaint. Therefore, any alleged contravention could only have occurred more than six months prior to the date of the complaint.

Prima facie, the complainant's claim would be extinguished based on the delay. However, the Court had to check if there were any exceptional circumstances, i.e. a reasonable cause

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This article is correct at 31/08/2017

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