Labour Court rejects Tom Kinsley’s late appeal over leave claim

The Labour Court upheld the Rights Commissioner’s decision and Tom Kinsley’s appeal failed because his complaint was filed outside the time limit; the merits were not decided. The determination was dated 11 April 2012. Kinsley claimed Avery Weigh-Tronix had not compensated him for outstanding annual leave and public holidays when his employment ended. The company said he retired in August 2009; Kinsley said March 2010. The Court found the difference did not affect the time limit for an extension, and rejected his explanation that he had not known his legal rights as a reason for filing late.