Labour Court rejects Sean Kelly’s appeal over out-of-time working-time claim

The Labour Court rejected Sean Kelly’s appeal and upheld the Rights Commissioner’s decision that his working-time complaint was out of time. The determination was signed on 2 May 2002, and the merits were not decided. Kelly’s complaint concerned Sunday pay, rest periods, maximum working hours and annual leave under the Organisation of Working Time Act 1997. He said fear that complaining could affect his prospects of permanent employment had delayed him; Cementation Skanska argued the claim missed the six-month time limit. The Court found he had not shown reasonable cause for the delay.