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Labour Court rejects Marian Nowak’s late working-time appeal

By Cathal Brosnan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court disallowed Marian Nowak’s appeal against the refusal to extend the time limit for his working-time claim against Fold Housing Ireland Limited. The determination was dated 22 April 2016; the claim’s merits were not decided. Nowak resigned in October 2013 and presented his claim on 25 June 2014. The Rights Commissioner found that the latest possible resignation date was 23 October 2013, making the claim about eight months late. Nowak said a medical condition caused the delay and that his son handled his affairs, but provided no medical evidence about the condition’s effect on his ability to file. He also referred to a related Equality Tribunal complaint and alleged employer misrepresentation in a statutory questionnaire. The Court found no justifiable basis to extend the time limit.

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