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Labour Court disallows Thomas Hayes’s appeal over out-of-time holiday claim

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court disallowed Thomas Hayes’s appeal and affirmed the Rights Commissioner’s decision that his annual-leave and public-holiday complaint was out of time. The determination was dated 28 October 2003; the Court said it had no jurisdiction to hear the claim, so the merits were not decided. Hayes had worked for Cementation Skanska (Formerly Kvaerner Cementation) Limited until 2 July 1999 and filed his complaint on 6 September 2001. The Court found the latest possible contravention was the date his employment ended, making the complaint 27 months late. It said the extended time limit could not apply.

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