ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000467

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 07/03/2016

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:

Preliminary Matter of Jurisdiction

The claimant’s employment ended on the 17^th.December 2014.Her complaints were received by the Workplace Relations Commission on the 20^th.October 2015.Both complaints are outside the time limit provided for in the Workplace Relations Act 2015.

The claimant’s representative submitted that the claimant was entitled to rely upon Section 27 of the Interpretation Act 2005 and there was no requirement on her to seek an extension of time.It was submitted that there was no time limit under Section 11 of the Minimum Notice and Terms of Employment Act 1973 and that no amendment providing for a time limit had been made to the Act.It was submitted that the claimant was entitled to rely on the provisions of the repealed Act and that her right to pursue a minimum notice complaint cannot be taken away from her constitutionally in circumstances where there was no specific provision for the imposition of a time limit with respect to minimum notice complaints.

The respondent’s representative asserted that the decision of Justice Hedigan in ComReg v An Post – where it was held that the applicant could continue to rely on the provisions of a repealed law – had to be distinguished from the instant case.It was contended that the Workplace Relations Act 2015 had express saving provisions in respect of the 1973 Act and it was never intended for the default provisions of the Interpretation Act to apply.It was submitted that it was clear from the wording of the 2015 Act – which had express provisions for how the 1973 Act was to apply- that the time limits set out in Section 41 , expressly applied to complaints under the 1973 Act.

Having reviewed the submissions made by the parties , I have concluded that the new time limit now applies under Section 41(6) to the Minimum Notice and Terms of Employment Act 1973.Under Section 41(1) of the Workplace Relations Act 2015 a complainant may present a contravention of a provision specified in Part 1 or 2 of Schedule 5 of the Act.Part 1 of this Schedule includes a complaint under the Minimum Notice and Terms of Employment Act 1973.While complaints lodged before the 1^st.October 2015 have to be treated exactly the same as prior to the coming into effect of 2015 Act i.e. with no time limits , the instant complaint was received on the 20^th.October 2015.

In light of the foregoing and given that  I am not satisfied that there was any reasonable cause for the delay in making the complaints , I  find I have no jurisdiction to investigate these  complaints.

Dated:   24/5/2016