ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003193

Complaint for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00004722-001	22/05/2016

Date of Adjudication Hearing: 10/10/2016

Parties: Complainant: General Operative

Respondent: Retail Distributor

Present at Hearing: Complainant:

Respondent: Did not attend.

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 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 has been employed by the Respondent as a General Operative from 6^th July 2009 and he remains in the employment of the Respondent. He is paid €483.00 gross per week and he works 37.5 hours per week.

The Complainant referred a complaint to the Workplace Relations Commission on 22^nd May 2016 alleging the Respondent had breached Section 3 of the Act.

Preliminary Issue.

Section 41 (6) of the Act provides as follows: “Subject to subsection 8, an adjudication officershall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates

The Complainant stated that his employment had commenced on 6^th July 2009 and he stated that he had been provided with a written statement of his Terms and Conditions of Employment on 26^th January 2010.

The Complainant was lodged with the Workplace Relations Commission on 22^nd May 2016.

Decision CA-00004722-001

In accordance with Section 41 (4) of the Workplace Relations Act, 2015 I declare I do not have jurisdiction to hear this complaint as it was lodged outside the 6 month time limit as specified by Section 41 (6) of the Act.

Date:___17 November 2016___________________________________