Labour Court upholds ruling that David Dunne’s complaint was out of time

The Labour Court upheld the Adjudication Officer’s decision that David Dunne’s complaint against J & G Agencies Tilemarket was outside the time limit. The determination was dated 20 December 2023; the Court said it had no jurisdiction to extend the deadline in the circumstances, so the merits were not decided. Dunne’s representative argued that adding the statutory notice period to the dismissal date made the complaint timely. The employer argued the complaint was late and that the Labour Court could not extend the deadline when the issue had not been decided at first instance. The Court said the legislation gives an adjudication officer power to extend time, but provides no similar power for the Labour Court in those circumstances.