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Labour Court rejects Callaghan unfair dismissal appeal as out of time

By Cathal Brosnan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court found Joseph Callaghan’s unfair dismissal complaint against Omniplex (Cork) Limited was brought outside the time limit and was not well founded; the merits were not decided. The determination, dated 28 February 2023, said the appeal must fail and affirmed the Adjudication Officer’s decision for different reasons. Callaghan was dismissed on 12 February 2020 and his complaint was lodged on 31 August, after the 11 August deadline. He said he had relied on his solicitor to file it and had been seriously ill, and asked the Court to extend the time limit. The company argued there was no reasonable cause for the delay. The Court found no adequate explanation for the late filing or link between Callaghan’s illness and the delay.

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