The Labour Court allowed An Bord Iascaigh Mhara’s appeal and set aside a Rights Commissioner’s decision directing Hugo Hegarty’s reinstatement. It found that the complaint was outside the time limit and that neither it nor the Rights Commissioner had jurisdiction to hear it; the merits were not decided.
Hegarty worked as a Workshop Practice Instructor on successive fixed-term contracts, with his final contract expiring in June 2008. He complained in September 2009 that An Bord Iascaigh Mhara had breached the Protection of Employees (Fixed-Term Work) Act 2003. He accepted that the complaint was late but argued there was reasonable cause to extend the time limit. The determination was signed on 5 March 2012.
The Court considered October 2008 the more likely end date for his employment, but said the complaint was late either way. It found that by January 2009 at the latest Hegarty had accepted his employment had ended, including by seeking a redundancy payment, and had not established a reason that explained and excused the delay.