The Grove After School Care (Management Company) Limited v Michele O'Sullivan [2018]
Posted In: Case Law-
Case Reference
ILCR Determination No. PWD1820 -
Legal Body
Labour Court (LC) -
Type of Claim / Jurisdiction
Working Time, Pay, Tribunal Practice, Procedures and Jurisdictional Issues
This was an appeal of the Adjudication Officer's decision. The claimant had initiated a complaint under the Workplace Relations Act, 2015 and had alleged that the respondent had made an unlawful deduction from her wages contrary to the Payment of Wages Act. The adjudication officer declined jurisdiction of the case as they decided the complaint was presented outside the statutory time limit.
The Labour Court stated that the delay must be explained and justified as the relevant authorities make it clear that the onus is on the applicant seeking an extension of time to identify the reason for the delay and establish how that reason provides a justifiable excuse for the actual delay. They also
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