Labour Court upholds time-limit decision in Darryl McMahon’s dismissal complaint

The Labour Court upheld a decision that Darryl McMahon’s unfair-dismissal complaint was out of time, finding he had not shown reasonable cause for the delay. The determination was dated 8 November 2022; the merits were not decided. McMahon said his wife’s recovery after surgery and his care for her and their three children explained the delay. Pat Smith Engineering Limited Trading As Pse Power said he had accepted a fixed-term role elsewhere in its business and instructed a human resources consultant to write on his behalf while he was still within the referral period. The Court noted McMahon had resumed full-time work in September 2020 and instructed the consultant in early December, before the deadline of 23 December 2020. The complaint was received on 8 April 2021. The Court found no reasonable cause and upheld the adjudication officer’s decision.