Labour Court upholds time-bar ruling on Michael Gavagan’s Xerox pension complaint

The Labour Court affirmed the decision that Michael Gavagan’s pension complaint against Xerox (Ireland) was out of time. The decision was dated 10 June 2024. The complaint alleged an equal pension treatment breach after Gavagan’s employment ended by redundancy in 2009. Gavagan argued that information he received from the Data Protection Commissioner in 2021 supported his claim that Xerox had misrepresented matters and should extend the filing deadline. Xerox argued the complaint was time-barred and had already been decided. The Court found Gavagan had referred an identical complaint against another Xerox entity in 2016, so the alleged later-discovered information had not delayed him from bringing this complaint. The Court held that the statutory misrepresentation exception did not extend the time limit. The merits were not decided.