localnews.ie

Labour Court upholds decision that Andrej Salienik’s rest-break complaint was out of time

By Aoife Loughran

Labour Court ·

The Labour Court upheld a decision that Andrej Salienik’s complaint about rest breaks was out of time, and his appeal failed. In a determination dated 23 July 2010, the Court found that his employment ended on 19 May 2008 and that he filed his complaint on 21 November, outside the six-month limit. The merits were not decided. Salienik relied on a P45 giving 23 May as his final day; his former employer, Thomas Mellon T/A Mellon Catering, relied on his resignation letter. The Court said Salienik had not shown reasonable cause to extend the deadline. His separate Section 17 complaint was withdrawn.

Sources

Request a correction or removal