Labour Court rejects Dympna Minaguchi’s appeal as out of time

The Labour Court rejected Dympna Minaguchi’s appeal as out of time in a determination dated 24 January 2003; it did not decide the merits of her discrimination complaint. The appeal challenged an Equality Officer decision finding that Ray Byrne T/A Wineport Lakeshore Restaurant had not discriminated against her. Minaguchi argued that the day of the Equality Officer’s decision should not count toward the 42-day appeal period. The respondent argued that the period began on the decision date. The Court held that the period began on 26 April 2002 and that Minaguchi’s appeal, filed on 7 June, was late.