ADJUDICATION OFFICER DECISION 

Adjudication Decision Reference: ADJ-00002365

Complaint for Resolution:  

 Date of Adjudication Hearing: 17/08/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin 

Procedure: 

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint. 

Background 

The Complainant was employed from 2^nd January 2012. She was paid €747.86 a week and she worked 40 hours a week.

The Complainant referred a complaint to the Workplace Relations Commission on 14^th March 2016 alleging the Respondent had breached Section 5 of the Payment of Wages Act, 1991 and she is claiming payment of €33.00 wages due and not paid to her on 2^nd January 2013.

Preliminary Issue. 

Section 41 (6) of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991 provides that a complaint must be submitted to the WRC within the period of 6 months of the alleged contravention to which the complaint relates. The Complaint relates to an alleged breach of the Act in January 2013 and the complaint was lodged with the WRC on 14^th March 2016. 

Decision 

I decide I do not have jurisdiction to hear this complaint as the complaint is statute barred by virtue of Section 41 (6) of the 2015 Act of the Act.

Date: 7/11/2016