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Labour Court upholds decision that John Rattigan’s annual-leave complaint was out of time

By Saoirse Doyle

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld the Rights Commissioner’s decision that John Rattigan’s annual-leave complaint was brought outside the time limit and was not well founded; the merits were not decided. The determination was signed on 17 April 2012. Rattigan brought the appeal against his employer, Brendan Mc Gettigan & Associates Ltd. He said he expected an amicable settlement, bad weather hindered his efforts to post the complaint, and he understood a late application would be accepted. The Court found there was no reasonable expectation of settlement or ongoing contact, the weather did not especially hinder him, and there was no evidence he had been advised a late complaint would be accepted.

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