The Labour Court allowed Tesco Ireland Limited’s appeal and set aside the extension of time granted to David O’Connor in his reasonable accommodation case. The determination was signed on 20 April 2016.
The Court considered only whether there was reasonable cause to extend the time for bringing the claim; it did not decide the underlying allegation. O’Connor said Tesco had not provided work consistent with medical advice. He resigned in January 2014 and filed his claim in January 2015. Tesco argued any failure to accommodate had occurred by December 2013.
The Court found O’Connor had not shown that his circumstances caused the delay. It said there was no evidence that his health impeded his ability to seek advice, and noted he had formed the view he was wronged in August 2014 but waited four months to consult solicitors. The appeal concerned the time extension only; the accommodation claim’s merits were not decided.