Labour Court affirms out-of-time ruling on Ger Mooney’s complaint

The Labour Court affirmed the decision that Ger Mooney’s complaint against the Department of Employment Affairs & Social Protection was out of time. The Court’s determination was dated 22 January 2019. Mooney complained under the Protection of Employees (Fixed-Term Work) Act 2003. He said he did not know the statutory time limits and believed time ran from when he formalised his complaint with his employer. The Department argued that the Court could not extend the time limit beyond 12 months. Mooney ceased to be a fixed-term worker on 17 December 2016 and referred his complaint to the WRC on 10 July 2018. The Court found he was not a fixed-term employee during the period in which he could bring the complaint. The appeal failed; the merits were not decided.