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Labour Court upholds ruling that Szymon Tomiak’s complaint was out of time

By Rory Hanlon

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld a ruling that Szymon Tomiak’s complaint against former employer Martompol was out of time and refused his request to extend the deadline. The Court’s decision was dated 17 April 2024. Tomiak’s complaint under the Terms of Employment (Information) Act concerned his employment, which ended on 22 February 2022. He lodged it on 25 August 2022, more than six months later. He argued the time limit should run from his last payslip on 10 March 2022. He said intimidation, stress, language difficulties and problems finding a solicitor had delayed him. The Court was not satisfied those circumstances prevented him from making a timely complaint. It noted he had contacted the WRC in May 2022 and knew there was a time-limit issue. The merits were not decided.

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