Labour Court dismisses Kevin Murphy’s appeal over out-of-time penalisation complaint

The Labour Court dismissed Kevin Murphy’s appeal against the Minister for Defence, finding his penalisation complaint was brought outside the time limit and refusing an extension. The determination was dated 14 October 2021; the merits were not decided. Murphy, a former Defence Forces member, alleged he was penalised after making a bullying and harassment complaint. The Court found the complaint related to events beginning in 2015 and continuing into 2016, and identified no specific act of penalisation in the six months before he filed with the WRC in January 2018. The Court rejected Murphy’s explanation for the delay, noting he had legal advice and that the military police investigation did not prevent him from filing a claim. The investigation outcome letter was issued on 19 December 2017, but he lodged his complaint on 17 January 2018. The Court upheld the Adjudication Officer’s decision.