Labour Court dismisses Gerry Halton’s out-of-time appeal over fixed-term work complaint

The Labour Court dismissed Gerry Halton’s appeal against a Rights Commissioner decision that his fixed-term work complaint was out of time. The Court’s determination was dated 21 November 2008; the merits were not decided. The complaint concerned incremental credit for prior temporary service when Halton took up a permanent post. Halton said the time limit should run from when he learned he could bring a claim under the EU directive. Kildare County Council argued it began when the directive was transposed into Irish law. The Court agreed with the council, finding the limit began on 14 July 2003. Halton’s complaint, lodged on 12 March 2005, fell outside the six-month limit and its possible extension, so the Court affirmed the Rights Commissioner’s decision and disallowed the appeal.