The Supreme Court has refused Owen V. McGinty leave to appeal in his age discrimination case against Galway Mayo Institute of Technology, in a determination delivered on 21 December 2015. The Labour Court was the respondent, but the institute, as notice party, was the main opponent.
Mr McGinty complained to the Equality Tribunal that the institute had discriminated against him because of his age. An Equality Officer found against him on 28 March 2012.
He lodged an appeal with the Labour Court on 9 May 2012, but it did not hear the appeal because the notice was out of time. The law requires an appeal within 42 days, and his notice arrived 43 days after the decision.
In the High Court, Kearns P. refused Mr McGinty's judicial review, holding that the law gave no discretion to extend the time. The Court of Appeal dismissed his appeal on 22 July 2015 and confirmed that ruling.
The Supreme Court said the law on how that time limit is counted is settled, so the case raised no matter of general public importance. Mr McGinty, who represented himself, had already had two full hearings, so an appeal was not necessary in the interests of justice.