Labour Court rejects Oliver Barthod-Malat appeal as out of time

The Labour Court declined jurisdiction over Oliver Barthod-Malat’s appeal against the Adjudication Officer’s decision after finding it was received outside the 42-day time limit. The determination was signed on 8 February 2021; the merits were not decided and the Adjudication Officer’s decision stands. Barthod-Malat argued that the appeal should count from when it was posted and that his solicitor’s Christmas absence was exceptional. Fournier Laboratories Ireland Ltd argued it was late and no exceptional circumstances justified an extension. The Court found the notice counted when received and that the circumstances did not justify an extension.