This case concerned the application by the complainant for an extension of time in exceptional circumstances. The complainant had decided to appeal the decision of the Adjudication Officer but this appeal was brought 1 day outside the 42 day statutory time limit.

The complainant had sought the assistance of the Migrant Rights Centre Ireland (MRCI) to help prepare her appeal. She completed the relevant documents for the appeal but returned them to the MRCI incomplete. Subsequently, the documents had to be returned to her for completion, and she sent a photograph of the signed document to the MRCI electronically. As a result the document was only available to the MRCI on the 42nd day. The MRCI had understood that if they sent the documents by registered post on the 42nd day that it would be considered inside the time limit.

The MRCI stated that they do not typically take responsibility for processing employment claims for a client and is not experienced in this regard. It further submitted that they were unaware of the ability to submit forms to the Labour Court by email. It submitted the delay was minimal and in the circumstances constituted exceptional circumstances. The Court held that the time to bring the appeal should be extended in this matter given the totality of the circumstances, and the fact that the delay would not prejudice the respondent. https://www.workplacerelations.ie/en/Cases/2017/June/DWT1714.html