Labour Court dismisses Barry Kelly’s late unfair dismissal appeal

The Labour Court dismissed Barry Kelly’s appeal against the rejection of his unfair dismissal complaint, finding it was lodged outside the time limit. The Court dated its determination 24 January 2020. The Court received the appeal on 21 December 2018, three days after the 18 December deadline. Flair Salon Services Ltd argued that the appeal was made 45 days after the Adjudication Officer’s decision and that no exceptional circumstances had been advanced. Kelly said he believed he had appealed in time, but the Court found he had not argued that exceptional circumstances caused the delay and declined to extend the time limit. The merits were not decided.