Kylemore Services Group/ Home Fare Services Limited v Terrie Clarke [2016]
Decision Number: Legal Body: Labour Court
Published on: 01/07/2016
Article Authors The main content of this article was provided by the following authors.
Background

This decision largely concentrated on whether the appeal had been made within the statutory time limit of 42 days. The Court stressed that exceptional circumstances must be proven to allow an extension of time, which is considered on the merits of each individual case.

The Court had to consider whether it is 'out of the ordinary course or uncommon' for a solicitor to send an appeal by post one day before the expiration of the time limit without making any effort to track its progress. The Court held that the Appellant was entitled to believe that her legal representative would take all necessary steps to properly lodge the appeal, thus her circumstances were exceptional and a justifiable excuse for the delay was offered.

https://www.workplacerelations.ie/en/Cases/2016/May/UDD169.html

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 01/07/2016