EDA265

ADE/25/21

DETERMINATION NO. EDA265

PARTIES:

DIVISION:

Chairman:	Mr Haugh
Employer Member:	Mr O'Brien
Worker Member:	Mr Bell

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00053542 (CA-00065364-004)

BACKGROUND:

The Worker appealed the decision of the WRC Adjudication Officer under Section 83 (1), Employment Equality Acts, 1998 to 2015 on 21st January 2025.

A Labour Court hearing took place on 4th March 2026.             

The following is the Determination of the Court.

DETERMINATION:

The Appeal

This is an appeal by Mr Anthony Pickford (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00053542/CA-00065364-002, dated 15 January 2025) under the Employment Equality Act 1998 (‘the Act’). Notice of Appeal was received in the Court on 21 January 2025. The Court heard the appeal in Limerick on 4 March 2026.

Brief Factual Background

The Complainant was employed at Busy Kids Creche, Ennis Road Limerick between 19 September 2016 until his resignation on 14 September 2022. The legal entity by whom the Complainant was employed is Sonas Childcare Limited.

The Complainant referred his originating complaint under the Act to the Workplace Relations Commission on 8 August 2024, some twenty-three months after his resignation from the Respondent’s employment had taken effect. The Adjudication Officer held that he was precluded from entertaining the complaint as it had been referred “outside the maximum timeframe possible under the legislation i.e. 12 months”.

The Law

Section 77(5) of the Act provides:

“(5) (a) Subject to paragraph (b), a claim for redress in respect of discrimination or victimisation may not be referred under this section after the end of the period of 6 months from the date of occurrence of the discrimination or victimisation to which the case relates or, as the case may be, the date of its most recent occurrence.

(b) On application by a complainant the Director General or Circuit Court, as the case may be, may, for reasonable cause, direct that in relation to the complainant paragraph (a) shall have effect as if for the reference to a period of 6 months there were substituted a reference to such period not exceeding 12 months as is specified in the direction; and where such a direction is given, this Part shall have effect accordingly.

(c) This subsection does not apply in relation to a claim not to be receiving remuneration in accordance with an equal remuneration term.”

Application of the Law

Section 77(5) of the Act permits the Director General to allow a Complainant to extend time for bringing a complaint beyond the initial six-month time limit for doing so, where the Complainant has demonstrated reasonable cause for the delay. However, the maximum extension permissible is for a further six months only i.e. a complaint under the Act can only be considered if received by the Workplace Relations Commission within twelve months of the date of the relevant dismissal.

In this case, the Complainant delayed almost twenty-three months from the date of his resignation before submitting his complaint under the Act. The complainant is therefore well outside the maximum timeframe provided for in section 77(5).

Decision

For the reasons set out above, the Court uphold the decision of the Adjudication Officer. The appeal, accordingly, fails.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
AR	______________________
11/03/2026	Deputy Chairman

NOTE

Enquiries concerning this Determination should be in writing and addressed to Mr Aidan Ralph, Court Secretary.