ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000457
Complaint(s)/Dispute(s) for Resolution:
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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-00000569-001 |
30/10/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 |
CA-00000569-002 |
30/10/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 |
CA-00000569-003 |
30/10/2015 |
Date of Adjudication Hearing: 08/03/2016
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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).
Complainant’s Submission and Presentation:
The claimant was employed since 2009. He suffered an accident in July of 2012 and he was continuously signed off work. His doctors had advised that he may be in a position to carry out light activities. He underwent surgery in 2014 on his left shoulder which was injured severely in work. When he did return to work on certain occassions, he was put doing the same work, obviously aggravating his injury. He was given medical certificates for the periods that he was not working. |
The Claimant submits that when he commenced working with his previous employer, he was given a contract to be signed, however he has advised that the employees of the company did not maintain their own copies of same. The Employee is unaware as to what the terms of his contract are since the employer is the sole person with a copy. He was dismissed for breach of contract, however does not have a contract to show same. |
The Claimant was an employee of the respondent for almost six years. Therefore, the claimant should have received four weeks’ notice. This did not occur. He received notice by way of correspondence that his position was untenable for reasons of breach of contract. |
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Preliminary Matter of Jurisdiction
The claimant’s complaints under the Terms of Employment(Information)Act 1994, the Minimum Notice and Terms of Employment Act, 1973 and the Unfair Dismissals Act 1977 were received by the Commission on the 30th.October 2015.At the hearing , the claimant’s representative accepted that the date of termination of employment was the 28th.April 2015 .He sought and received agreement to make a written submission on an extension of time within 2 weeks of the date of the hearing on the 8th.March 2016.
As no submission has been submitted on behalf of the claimant , I find I must accept the respondent’s contention that the complaints are out of time and accordingly I have no jurisdiction to investigate these complaints.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Decision:
The complaints are out of time and accordingly I have no jurisdiction to investigate them.
Dated: 12/05/2016