This was an appeal of the Adjudication Officer's decision. The claimant had initiated a complaint under the Workplace Relations Act, 2015 and had alleged that the respondent had made an unlawful deduction from her wages contrary to the Payment of Wages Act. The adjudication officer declined jurisdiction of the case as they decided the complaint was presented outside the statutory time limit.

The Labour Court stated that the delay must be explained and justified as the relevant authorities make it clear that the onus is on the applicant seeking an extension of time to identify the reason for the delay and establish how that reason provides a justifiable excuse for the actual delay. They also stated that the onus is on the claimant to establish a causal connection between the reason proffered and their failure to present the complaint in time.

Finally, they added that the Court must be satisfied, as a matter of probability, that the complaint would have been presented in time were it not for the reasons proffered.

The Court reiterated the point that they should not extend a statutory time limit merely because the applicant subjectively believed that they were justified in delaying the institution of proceedings. The complainant submitted that she had submitted the complaint 11 months after the alleged deduction as she had initially sought to recover the deduction through a related action under the Organisation of Working Time Act. She said that it was only when the decision in that case was delivered that she realised she could not recover the deduction through that complaint. She said that she then took advice and over the following weeks she submitted the instant complaint at the first opportunity. She claims that this establishes the delay and provides a justifiable excuse for it.

The Court found that ignorance of the relevant law to bring a complaint is not a sufficient ground to justify delay as she had ample time to take advice in the six months following the alleged deduction. The Court stated that there was no merit in her argument that having failed to recover her losses under one Act that she could commence proceedings out of time under another act and seek to rely on the failed action as justification for the delay.

The Court asserted that this would be an abuse of process, particularly where the complainant had elected to bring proceedings under a different act. Accordingly, the Court rejected the application for an extension of time and affirms the decision of the Adjudication Officer.
https://www.workplacerelations.ie/en/Cases/2018/May/PWD1820.html