This case involved an appeal of the Adjudication Officer's decision regarding a redundancy. The appeal was not made within the 42 day statutory period but the complainant submitted that exceptional circumstances prevented him from doing so. He claimed that the delay in submitting his appeal was caused by the Adjudication Officer's decision being sent to his solicitor's office and not directly to him. He said that the solicitor dealing with his case had left during the period that the Adjudication Officer's decision was awaited and the decision had not been passed on to him. He stated that it was only when he sought an update from the solicitors firm that he discovered it had issued 2 months earlier and that the email notification was sent to an incorrect email address.

The Court noted that the complainant did not lodge his appeal until six weeks after he discovered the decision. The Court first considered if the circumstances relied upon by the complainant were exceptional and if they operated so as to prevent him from lodging his claim on time.

The Court held that the fact the solicitors sent the decision to the incorrect email address may be regarded as exceptional but stated that exceptional circumstances alone cannot avail the complainant. However, they noted that despite the fact the solicitor for his case had left there were others in the firm who were available to ensure he was informed of the decision and that there was an onus on him to monitor the situation. Accordingly, the Court did not allow the appeal.

http://www.workplacerelations.ie/en/Cases/2018/April/RPD183.html