WRC rules Michael Gavagan’s pension complaint was out of time

The Workplace Relations Commission found that Michael Gavagan’s complaint against the Xerox (Ireland) Pension Scheme was brought outside the time limit and that it had no jurisdiction to investigate it. The merits were not decided. The decision was dated 13 June 2023. Gavagan alleged disability discrimination, harassment and victimisation in the assessment of his application for an ill-health early-retirement pension. He argued that data protection determinations received in June 2021 justified bringing the complaint again. The scheme said the findings did not amount to misrepresentation that could extend the statutory time limit. The officer found that the determinations did not establish relevant misrepresentation or explain the delay. The complaint was therefore out of time, and the WRC could not investigate it under the Pensions Acts.