FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 25(2), PROTECTION OF EMPLOYEES (TEMPORARY AGENCY WORK) ACT, 2012 PARTIES : NOEL RECRUITMENT CITI NORTH LIMITED - AND - GRZEGORGZ OSINSKI,JACUB DUDEK AND ARKADIUSZ KUCZNSKI (REPRESENTED BY HOBAN BOINO SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Decision No's r-147228/147229/147230-TAW-14/RG
BACKGROUND:
2. This is an appeal by the workers of Rights Commissioner's Decision No's r-147228/147229/147230-TAW-14/RG made pursuant to Section 25 (2) of the Protection of Employees (Temporary Agency Work) Act, 2012. Labour Court hearings took place on 30th June 2015 and 16th October 2015. The following is the Court's Determination:
DETERMINATION:
This is an appeal by Mr Jakub Dudek, Mr Ardadiusz Kuczynski & Mr Grzegorz Osinski against the Decision of a Rights Commissioner in their claim against their employer, Noel Recruitment Citi North Limited, under the Protection of Employees (Temporary Agency Work) Act 2012 (“the 2012 Act”). The Rights Commissioner found that she did not have jurisdiction to hear the complaints as they were presented outside the time limits provided by Section 25 (4) and (5) of Schedule 2 of the Act.
For ease of reference the parties are given the same designation as they had at first instance. Hence Mr Jakub Dudek, Mr Ardadiusz Kuczynski & Mr Grzegorz Osinski will be referred to as “the Complainants” and Noel Recruitment Citi North Limited will be referred to as “the Respondent”.
The Respondent is an employment agency. As part of its business it supplied them as agency workers to Keelings (“the Hirer”).
The Complainants referred their claims under the 2012 Act to the Workplace Relations Commission on29thJuly 2014, a hearing was held on 15thFebruary 2015 and the Decision under appeal was issued on 30thMarch 2015.
However, previously the Complainants had inadvertently lodged their complaints under the National Minimum Wage Act 2000 instead of under the 2012 Act, the Rights Commissioner found that he did not have jurisdiction to hear the complaints as they were referred under the incorrect Act.
Determination
The claim under the 2012 Act was lodged with the Workplace Relations Commission on29thJuly 2014. This was outside the six-month time limit prescribed by Section 25 (4) of the 2012 Act,even with application of Section-25(5)of the 2012 Actwhich allows for an extension of time, the complaints are still out of time and are therefore statute barred.
Accordingly, the Court finds that the Complainants complaints made on 29thJuly 2014 are statute barred and the Court has no jurisdiction to hear them. The Court so Determines.
Signed on behalf of the Labour Court
_____November 2015______________________
AHCaroline Jenkinson
Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.