UDD2625

UD/25/109

DECISION  NO.  UDD2625

PARTIES:

DIVISION:

Chairman:	Mr Haugh
Employer Member:	Mr Marie
Worker Member:	Ms Treacy

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00055174 (CA-00067200-001)

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 8 August 2025 in accordance with Section 8A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 25 June 2026.

The following is the Decision of the Court:-

DECISION:

Background to the Appeal

This is an appeal by Ms Caroline Condon (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00055174 CA-00067200-001, dated 15 July 2025) under the Unfair Dismissals Act 1977 (‘the Act’). Notice of Appeal was received in the Court on 8 August 2025. The Court heard the appeal in Cork on 25 June 2026.

Decision at First Instance

The Adjudication Officer declined jurisdiction to consider the Complainant’s substantive complaint having found that the complaint had been presented outside of the statutory timeframe for doing so.

Cognisable Period

The within complaint was received by the Workplace Relations Commission on 6 November 2024. The relevant period, therefore, for consideration in assessing a contravention of the Act is 7 May 2024 to 6 November 2024.

Relevant Factual Background

The Complainant was employed by the HSE (‘the Respondent’) on a temporary basis up until 23 September 2022.

The Law

Section 8(2) of the Act provides:

“(2) A claim for redress under this Act shall be initiated by giving a notice in writing (containing such particulars (if any) as may be specified in regulations under subsection (17) of section 41 of the Act of 2015) to the Director General—

(a) within the period of 6 months beginning on the date of the relevant dismissal, or

(b) within such period not exceeding 12 months from the date of the relevant dismissal as the adjudication officer considers appropriate, in circumstances where the adjudication officer is satisfied that the giving of the notice within the period referred to in paragraph (a) was prevented due to reasonable cause,

and a copy of the notice shall be given by the Director General to the employer concerned as soon as may be after the receipt of the notice by the Director General.”

Application of the Law to the Facts

The date of ‘the relevant dismissal’ is 23 September 2022. The latest date on which the Complainant could have submitted a stateable complaint under the Act in respect of that dismissal was 22 September 2023 (subject to her being able to establish reasonable cause for any delay beyond the six-month period specified in section 8(2)(a)). The Complainant in this case delayed submitting her complaint under the Act until 6 November 2024. The complaint cannot, therefore, be considered under the Act.

Decision

The appeal fails and the decision of the Adjudication Officer is upheld.

The Court so decides.

 

	Signed on behalf of the Labour Court
	Alan Haugh
CC	______________________
07/07/2026	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Ceola Cronin, Court Secretary.