The Labour Court found Gavin Bailey’s appeal against the dismissal of his penalisation complaint was outside the time limit and that it had no jurisdiction to hear it. The determination was dated 1 February 2021; the merits were not decided.
Bailey said Covid-19 restrictions made it difficult to contact his solicitors and prevented him from lodging the appeal at the Court’s offices. The Irish Prison Service objected, arguing that the circumstances were not exceptional.
The Court found Bailey knew about the 42-day deadline and that the restrictions did not prevent him from filing on time. His appeal was lodged two weeks beyond the deadline.