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WRC declines jurisdiction over Justyna Giallombardo’s unfair dismissal complaint

By Orla Quinn

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission declined jurisdiction over Justyna Giallombardo’s unfair dismissal complaint against Abtran Unlimited because it was referred more than five months beyond the six-month time limit. The decision was dated 14 April 2026. The merits of her constructive dismissal claim were not decided. Giallombardo said the employer’s conduct, including its handling of annual leave accrued during sick leave, led her to resign. Abtran denied the claim and argued it was out of time. The officer found that the medical certificates did not show she was incapacitated from filing during the relevant period, and that she had chosen to pursue a working-time complaint first. The WRC therefore declined to hear the substantive claim.

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