The Labour Court left a €42,000 unfair-dismissal award to Stephen Kelly in place after ruling that his employer’s appeal was outside the time limit and that it had no jurisdiction to hear it. The determination was signed on 8 August 2017. The merits of the appeal were not decided.
Kildare West Wicklow Community Addiction Services CLG said it sent its appeal by registered post on 16 June, expecting next-day delivery, and had mistaken the 42-day deadline for 42 working days. It also said the manager handling the appeal had been on sick leave from 6 to 14 June. Kelly, represented by Unite, objected to extending the deadline.
The Court said the appeal guidance clearly explained the deadline and the employer had enough time to lodge its appeal. It rejected the manager’s absence as an explanation, noting the employer knew about the adjudication decision and had held a board meeting in early June. The Adjudication Officer had found in Kelly’s favour and awarded €42,000 in compensation on 8 May 2017.