The Labour Court overturned a €5,000 award to Deaglan Healy after allowing Ervia’s appeal on time limits. The Court’s determination was dated 19 June 2020.
Healy had complained that Ervia miscalculated a performance-related award, reducing his payment. The adjudication officer had extended the time limit, upheld his Payment of Wages Act complaint and awarded him €5,000.
The Labour Court found the complaint was brought outside the six-month time limit, whether the alleged breach occurred on 1 March, 23 March or 31 May 2018. It rejected Healy’s reasons for a time extension, including his internal grievance and mistaken referral to the WRC Inspectorate. The grievance had not prevented a timely claim, the Court said, and Ervia was not required to advise him about statutory time limits. The Court disallowed the extension and overturned the award; the underlying wages claim was not decided, so the merits were not decided.