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High Court, in determining a preliminary issue, dismisses appeal of the Health Service Executive against decision of the Employment Appeals Tribunal that a medical consultant was not time barred to bring his action against the alleged unlawful deduction of his salary, on the grounds that time runs from the date of the contravention “to which the complaint relates”, and not from the date of any particular contravention, or even the date of the first contravention.
Preliminary issue – whether a medical consultant was out of time to bring his claim - appeal by health service on a point of law against decision of the Employment Appeals Tribunal that the medical consultant’s claim was not time barred – medical consultant was employed pursuant to the 2008 Consultant Contract - contract provided for a particular salary scale - salary increases due from 1st June, 2009 onwards were not paid by health service - the State was facing a very significant financial crisis - called for an immediate reduction in the public sector pay bill - referred a claim to the Rights Commissioner - maintained that his pay had been unlawfully deducted – health service argued that the complaint was time-barred because it contended that the cause of action emanated from a decision of the then Minister for Health in either June, 2009 or (at the very latest) August, 2009 not to sanction the increase which had been otherwise scheduled under the contract - terms of conditions of remuneration of all employees working in the health service must be approved by the Minister, and with the consent of the Minister for Finance – argued that absent such ministerial consent, the health service could not lawfully make the payment – Rights Commissioner determined that he had jurisdiction to hear the complaint in respect of alleged contraventions falling within the six months period commencing 30th December, 2010, and ending on 29th June, 2011- medical consultant appealed the substantive decision to the Employment Appeals Tribunal - time point arose as a preliminary issue – tribunal rejected the argument that the complainant must lodge the complaint within six months from the date of the first deduction or non-payment - took the view that a cause of action arises with each and every contravention and that an employee has six months from every such contravention to make a claim against the employer – relevant statutory provisions – time limits - the meaning of the words “on the date of the contravention to which the complaint relates” – statutory interpretation - time runs for the purposes of the Act not from the date of any particular contravention, or even the date of the first contravention, but rather from the date of the contravention “to which the complaint relates” - had the Oireachtas intended that time was to run from the date of the first contravention, it could easily have so provided - everything turns on the manner in which the complaint is framed by the employee - a rolling time limit not unusual in the law - any different interpretation were to be adopted it itself could quickly lead to some anomalous and even absurd results - Irish labour rights legislation.
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