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Labour Court refuses Dean Gibbons’ appeal over eight time-barred working-time complaints

By Fionn Kelly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court refused Dean Gibbons an extension of time for eight working-time complaints against his former employer, Morehampton Foods Limited. The complaints were outside the statutory time limit and could not be entertained; the merits were not decided. The determination was signed on 10 August 2017. Gibbons appealed an Adjudication Officer’s decision that Morehampton Foods had not contravened the law. His complaints concerned breaks, daily rest, Sunday premiums, annual leave and public holiday payments. He said he had been on sick leave and did not know his statutory rights until he consulted a representative. The Court found that lack of knowledge did not provide a justifiable excuse for the delay, noting he knew the events he complained about and had delayed seeking advice.

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