Labour Court rejects Jack Hargrave’s late appeal against Boston Scientific

The Labour Court ruled that Jack Hargrave’s appeal against an unfair dismissal decision was outside the statutory time limit, so it could not hear the case on its merits. The determination, dated 30 August 2023, said Hargrave had not established exceptional circumstances to explain why he missed the 42-day deadline. The appeal was due by 22 January 2023, but the Court received it on 24 January. Hargrave’s representative cited the Christmas break, when he learned of the Adjudication Officer’s decision, and issues with how it was sent. Boston Scientific opposed an extension, arguing there was no barrier to filing on time. The Court noted that Hargrave learned of the decision on 13 January, leaving time to appeal, and found no evidence of anything that prevented him from filing by the deadline. The Adjudication Officer had earlier found that Hargrave lacked the continuous service needed to bring the complaint. The Labour Court’s ruling addressed only whether his appeal could proceed; the merits of the unfair dismissal complaint were not decided.