In a claim of unfair dismissal, from what date does the period for applying to the Labour Relations Commission run, and how tightly is it set?
General information · Not legal advice
Material to check
In a practice file, read the notice of dismissal or the paper showing the date the dismissal took effect, because the period runs from the date the unfair dismissal occurred. Read also the application for relief with its filing stamp from the Labour Relations Commission, which shows when the application was actually made.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as it stands: a worker who has been unfairly dismissed may apply to the Labour Relations Commission for relief, and that application must be made within the period the provision sets, counted from the date on which the unfair dismissal occurred.
Another reading notes what the provision leaves open: it sets the period from the date the unfair dismissal occurred, but it gives no rule for what happens to an application made after that period has passed, so the effect of a late application is not settled by this provision.
Your judgment
If the date the unfair dismissal occurred is disputed, what in the file could show the court or the Commission which date that period runs from?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the starting point or the length of the period, or to address late applications, or if a decision of the Labour Relations Commission or a court explains what date counts and how a late application is treated.