Labour Court upholds decision after refusing Agnes O’Connor’s late appeal

The Labour Court upheld an earlier decision after refusing to extend the time for Agnes O’Connor’s appeal. The Court dated its determination 20 April 2021. The underlying complaint’s merits were not decided. O’Connor’s appeal arrived 43 days after the Adjudication Officer’s decision, one day beyond the 42-day limit. She said the Court’s weekend closure and a bereavement had affected her ability to appeal in time. The respondent, Rosemary Crowley And Owen Swaine T/A Swaine Solicitors, argued that these were not exceptional circumstances. The Court found no exceptional circumstances to justify the delay and said it had no discretion to extend the deadline because the 42nd day fell on a Sunday. It therefore could not hear the appeal and upheld the Adjudication Officer’s decision.