The Labour Court dismissed Noel Farrell’s appeal as out of time on 24 April 2019, leaving in place the Adjudication Officer’s finding that his wages complaint was not well founded. The merits of the appeal were not decided.
Mr Farrell’s appeal reached the Court more than 160 days after the 42-day deadline. He said his legal representative had mistakenly sent it to the Workplace Relations Commission instead of the Labour Court. G4S Secure Solutions (Ire) Limited said it had not identified an appeal when reviewing potential liabilities at the end of 2018.
The Court found that the appeal form clearly stated where and how an appeal had to be made. It concluded that the filing error did not establish exceptional circumstances that prevented a timely appeal, so the appeal failed and the original finding remained in place.