Róisín Shortall (Dublin North West, Social Democrats)
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548. To ask the Minister for Jobs, Enterprise and Innovation if she is aware of an anomalous situation in the operation of the Labour Court (details supplied); and if she will make a statement on the matter. [18187/16]

Róisín Shortall (Dublin North West, Social Democrats)
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549. To ask the Minister for Jobs, Enterprise and Innovation the number of appeals the Labour Court rejected as a result of late submission, in tabular form; and if she will instruct its appeals office to supply the date for the last day of appeal on decisions in addition to the number of days before the appeal deadline. [18188/16]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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I propose to take Questions Nos. 548 and 549 together.

I have brought these matters to the attention of the Labour Court. The court is independent in the carrying out of its statutory functions. I am informed that the number of appeals to the Labour Court that it has considered as being out of time and therefore not heard in each of the years 2011 to 2016 to date is set out below:

An appeal against a recommendation of an Adjudication Officer under the Industrial Relations Act 1969 is governed by Section 13 (9) of the 1969 Act and Section 36 (2) of the Industrial Relations Act 1990. Section 36(2) of the Industrial Relations Act 1990 provides that an appeal against a recommendation of an Adjudication Officer must be made within six weeks of the making of the recommendation.

An appeal to the Labour Court under Employment Rights legislation is now governed by the provisions of Section 44 of the Workplace Relations Act, 2015 which commenced on 1 October 2015 and is applicable to appeals lodged after that date. Section 44(3) of this Act provides that an appeal shall be given to the Labour Court not later than 42 days from the date of the decision concerned. The time limit starts to run from the date of the decision and the actual date on the decision counts as part of the six week period allowed in which to make an appeal. A decision of the High Court in 2013 on this point has upheld this legal interpretation.

In this regard section 18 (h) of the Interpretation Act 2005 states as follows:

"Periods of time. Where a period of time is expressed to begin on or be reckoned from a particular day, that day shall be deemed to be included in the period and, where a period of time is expressed to end on or be reckoned to a particular day, that day shall be deemed to be included in the period;".