The respondent terminated the employment of the appellant on the basis that she had come to the retirement age of 65 years of age. The appellant lodged a claim to the rights commissioner seven months after she was dismissed. The Unfair Dismissals Acts, 1997 to 2007 state that a claim against a former employer must be lodged within six months of the day of dismissal, although this time limit can however be extended to twelve months where exceptional circumstances are found. 

The appellant claimed that she was so shocked about her sudden retirement that it led to her being in a depressive state for some time and as a result prevented her from lodging the claim within time. The