Morehampton Foods Limited v Dean Gibbons Posted In: Case Law
Case ReferenceILCR Determination No. DWT1720
Legal BodyLabour Court (LC)
Type of Claim / JurisdictionWorking Time and Leave, Tribunal Practice, Procedures and Jurisdictional Issues
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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