Iarnrod Eireann/ Irish Rail v Stephen Lynch Posted In: Case Law
Case ReferenceILCR Determination No. UDD1825
Legal BodyLabour Court (LC)
Type of Claim / JurisdictionUnfair Dismissal, Tribunal Practice, Procedures and Jurisdictional Issues
This is an appeal by the respondent company against the Adjudication Officer's decision to direct that the complainant be re-engaged within 42 days of the decision and a final written warning be placed on his personnel file.
The respondent had from the outset raised the issue that the claim was time-barred, but the Adjudication Officer had allowed for an extension of time in the circumstances. The respondent raised this issue again at the appeal stage and the Court reviewed the facts.
In summary, the complainant had consulted a solicitor shortly after his dismissal and was given a copy of his completed complaint form by the solicitor. However, 8 months later his trade union learned that the
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