Statutory Timeframes and “Reasonable Cause” - How Do I Handle It?
Published on: 18/10/2022
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Antoinette Vahey Partner, RDJ LLP Ireland
Antoinette Vahey Partner, RDJ LLP Ireland
Antoinette vahey 2022

Antoinette is a Partner, practicing as part of the Employment law team. She brings practical and strategic legal advice to clients in a range of areas such as wrongful and unfair dismissal; discrimination; absenteeism and work related stress; performance management; temporary and contingent workers; collective redundancies; restrictive covenants and severance agreements.

Antoinette represents clients on employment claims in the Workplace Relations Commission, Labour Court and High Court together with gender discrimination claims in the Circuit Court.

Having qualified as a mediator with the Centre for Effective Dispute Resolution in 2013 (specialising in employment and workplace disputes), Antoinette is focused on expanding RDJ’s independent mediation offering to provide the best solution to our clients.

Antoinette is particularly interested in the areas of transfer of undertakings (TUPE ), Vetting and social media in the workplace and has spoken extensively at various events on legislative and other changes in those areas.

She also devises in-house training sessions and policies for clients in respect of grievance and disciplinary matters, dignity at work and social media.

Antoinette Vahey, Partner RDJ LLP considers this question:

“We are in receipt of a letter from the WRC today attaching a complaint of discriminatory dismissal from an employee whose employment terminated more than 12 months ago, on the 8th of October 2021. This date is identified as the “most recent date of discrimination”. The complaint form is stamped as being received by the WRC on 6th October 2022 at 14:10. Surely this complaint is out of time and cannot be entertained.”  
How do I handle it?”  

Time considerations  ⚓︎

The relevant date, when considering statutory timeframes, is the date of receipt of the complaint form by the WRC, together with the date of discrimination/termination date. Notice may be a relevant

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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 18/10/2022
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