The Labour Court overturned a €10,000 unfair dismissal award to Ali Raza Khan after allowing Tesco Ireland Limited Tesco Express’s appeal. The determination was signed on 1 November 2019.
Khan was dismissed on 22 March 2016 and referred his complaint on 1 December 2016. Tesco argued that it was outside the time limit and there were no reasonable grounds to extend it. Khan cited a medical condition and family circumstances, including travel to Pakistan, as reasons for the delay.
The Court found the complaint was brought outside the time limit and was not well founded; the merits were not decided. It said Khan’s condition had not prevented him filing in time and rejected reliance on the internal appeal process as a reason for the delay.