SERVICE OF DOCUMENTATION ON AN EMPLOYER*
This issue arose in a case of ADJ-00031708.
The Adjudication Officer in this case had to deal with Section 14(6) of the Workplace Relations Act 2015 -2021 which provides that an Adjudication Officer shall not entertain a complaint referred to him or her if it is presented after a period of six months beginning on the date of the contravention to which the complaint relates. As regards service of documentation by post the Adjudication Officer in this matter set out that it is a matter of settled law that when correspondence is sent by post its date of delivery is deemed to be the following working day. The Adjudication Officer pointed out that this is known as the “postal rule”. The Adjudication Officer helpfully quoted Section 25 of the Interpretation Act, 2005 which states:
“Where an enactment authorises or requires a document to be served by post by using the word “serve”, “give”, “deliver”, “send”, or any other word or expression the service of the document may be effected by properly addressing, prepaying (where required) and posting a letter containing the document, and in that case the service of the document is deemed, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post”.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
*In contentious cases a solicitor may not charge fees or expenses as a proportion or percentage of any award or settlement.