This was an ex parte application for the extension of time for the appeal of an employment equality determination of the Labour Court to the High Court. The Court was responsible for determining the applicable time limit for the appeal by reference to a number of statutory provisions. The Court stated that section 90 of the Employment Equality Act 1998 set out the limitation period to appeal an employment equality case to the High Court and not section 46 of the Workplace Relations Act 2015.
The Court applied the test in Eire Continental Trading Co. Limited v Clonmel Foods Limited and found that there were a number of factors in favour of finding that the appellant's excuse for the delay in lodging the appeal was sufficient. These factors included the inherent complications of the statutory schemes, the inconsistency in statutory time limits between different enactments and the lack of clarity for legal advisors in relation to the time limit to appeal. Accordingly, the Court granted an order for the extension of time to appeal to the High Court.
http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/34fcb966ceb4dfff80258308003cc331?OpenDocument
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