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Labour Court upholds decision on Tamulynas’s out-of-time claims

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld the decision that it had no jurisdiction to hear Rytis Tamulynas’s constructive dismissal and workplace safety claims against Keelings Logistics Solutions Unlimited. The determination was signed on 7 February 2019; the merits were not decided. Tamulynas submitted his claims on 1 March 2018, one day after the 12-month limit from his resignation on 1 March 2017. He argued that his employment ended on 6 March 2017, relying on his P45 and a letter from Keelings. The Court held that an unambiguous resignation takes effect without the employer’s acceptance and did not consider whether there was reasonable cause to extend the time limit.

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