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WRC time bars Ewelina Milewicz’s unfair dismissal and redundancy claims

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found Ewelina Milewicz’s unfair dismissal and redundancy claims were brought outside the applicable time limits; the merits were not decided. The decision, dated 21 March 2023, treated 7 September 2020 as the most reasonable date her employment with PCE Coaches Ltd ended. The unfair dismissal complaint was filed more than six months later, and the adjudicator refused to extend the redundancy claim’s deadline because Milewicz had not shown reasonable cause for the delay. Milewicz, who had moved to Poland, said she was offered remote work there and later refused an offer of three days’ work a week. The company said she had resigned and argued that both claims were time-barred. The adjudicator found the unfair dismissal claim was out of time and the redundancy appeal failed as statute-barred. The WRC also said it was unnecessary to decide the substantive redundancy claim.

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