Labour Court upholds decision that David Dunne’s complaint was out of time

The Labour Court upheld the Adjudication Officer’s decision that David Dunne’s disability discrimination complaint against J & G Agencies Tilemarket was out of time. The determination was dated 20 December 2023; the merits were not decided. Dunne argued that the unsuccessful outcome of his dismissal appeal in September 2021 was a discriminatory act within the time limit. The employer said the dismissal took place in July 2021 and that the appeal outcome alone did not amount to discrimination. The Court found Dunne had not established that the appeal outcome was discriminatory and said it had no jurisdiction to extend the time limit because the issue had not been decided at first instance.