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This appeal involved a number of alleged contraventions of the OWT Act. By law, complaints of this nature are prohibited from being presented more than 6 months from the date of the contravention to which the complaint relates. A preliminary issue arose in the case as the complainant was absent from his employment, due to illness, for the six months preceding the initiation of his complaint. Therefore, any alleged contravention could only have occurred more than six months prior to the date of the complaint.
Prima facie, the complainant's claim would be extinguished based on the delay. However, the Court had to check if there were any exceptional circumstances, i.e. a reasonable cause for the delay, to enable the time limit to be extended by a further six months. The Court felt that they were obligated to address the question of whether the complainant's cause of action had been extinguished, by reference to the time limit, as this appeal involved a full rehearing of all issues of fact and law. The Court held that the Complainant's lack of knowledge regarding his rights was not sufficient, by an objective standard, to explain the delay. Accordingly, the Court refused to grant an extension in this case as no reasonable cause to extend the time was provided.
http://www.workplacerelations.ie/en/Cases/2017/August/DWT1720.html
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