The Labour Court set aside a €900 award to Ernest Jakimavicius after allowing Ballinalard Transport Ltd’s appeal. The determination was signed on 20 April 2015.
The Rights Commissioner had found Jakimavicius’s complaints under sections 19 and 21 of the Organisation of Working Time Act well founded and awarded him €900. His employment ended on 22 November 2012, and the complaint was received on 29 July 2013.
The Court found the six-month time limit covered only alleged breaches from 30 January 2013, after his employment had ended. It refused to extend the time limit, finding that the explanation in correspondence from his representatives did not meet the reasonable-cause test. Jakimavicius did not attend the appeal hearing; the merits were not decided.