The Labour Court upheld a €10,000 unfair dismissal award to Thomas Fox after Lucey Transport Limited’s appeal failed because it was brought outside the time limit. The determination was signed on 5 March 2020. The Court said it had no jurisdiction to hear the appeal because the company had not shown exceptional circumstances to justify its delay; the merits were not decided.
Lucey Transport said it had not received the Workplace Relations Commission correspondence and sought an extension to appeal beyond the 42-day limit. Fox’s submission said the WRC had sent several letters to the company, including the decision. The Court noted that the company received correspondence from Fox’s representative on 20 May 2019 but did not appeal until 1 July, 43 days later. The Adjudication Officer’s finding that Fox was unfairly dismissed and the €10,000 compensation award therefore remained in place.