ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000766
Complaint(s)/Dispute(s) for Resolution:
|
Act
| Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 |
CA-00001035-001
|
23/11/2015
|
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 |
CA-00001035-002
|
23/11/2015
|
Date of Adjudication Hearing: 15/03/2016
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 Section 8(1B) of the Unfair Dismissals Act, 1977, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Preliminary Issue
The respondent submitted that the claimant was dismissed on the 11th May 2015 and the complaint was lodged with the service on the 23rd November 15. It was stated that the complaint is out of time and the Adjudicating Officer had no authorisation to hear the compliant. It was further submitted that since the claimant was not present a request for an extension of time and none could not be made on his behalf.
Background
The claimant was employed by the respondent on the 15th June 1998 as a Health Care Assistant to the 11th May 2015. His normal gross weekly wage was €738 gross per week
The respondent submitted that the claimant failed or refused to carry to carry out a number of reasonable instructions of the respondent during his absence and in doing engaged in serious misconduct.
Findings
The complaint was received by the Service on the 23rd November 2015.
The claimant did not attend.
In accordance with accordance with section 41(8) of the Workplace relations Act 2015”an adjudication officer may not entertain or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in sub section (6) or (7) (but not later than 6 months after such expiration) as the case may be , if he or she is satisfied that the failure to present the complaint or after the dispute within the period was due to reasonable cause”
Decision
I find that the complaint is out of time and falls.
Dated: 10/08/2016
