ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003584

Complaint for Resolution:

Venue: WRC; Tom Johnson House, Haddington Road, Dublin 4.

Date of Adjudication Hearing: 10/10/2016

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 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 as Head of IT. He was paid €4.688.33 per month. He has claimed that he did not get his statutory minimum notice.

Complainant’s Submission and Presentation:

The Complainant did not attend and was not represented at the hearing

Respondent’s Submission and Presentation

Preliminary Points

1) Time limit

The Respondent stated that the complaint was not submitted within the statutory 6 month time limit. The Complainant did not make an application to extend the statutory time limit by a further 6 months. Even if an application was made to extend the statutory time limit in relation to this claim by 6 months the claim would still be out of time.

The Adjudication Officer has therefore no jurisdiction to hear this complaint.

This claim is both frivolous and vexations and should have been dismissed by the Workplace Relations Commission (WRC).

2) The Respondent is not and never was the employer of the Complainant.

He was an employee of another company (details supplied). The WRC has already adjudicated upon this matter (r-157441-pe-15 + others).

This complaint should be dismissed.

Issues for Decision:

I note that the Complainant did not attend the hearing and was not represented.

I note that the Respondent confirmed the start and finish dates as per the complaint form submitted by the Complainant.

Based on the uncontested evidence before this hearing I find as follows;

Time Limit

Sec 41 (6) of the Workplace Relations Act states, “Subject to subsection (8). An adjudication officer shall 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.”

Sec 41(8) of the Workplace Relations Act states, “An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in subsection (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 refer the dispute within that period was due to reasonable cause”.

I note that this complaint was presented to the Commission on 14^th June 2016. The period that may be investigated is 15^th December 2015 to 14^th June 2016. The alleged contravention occurred on 12^th June 2015. Therefore as per Sec 41 (6) of the Workplace Relations Act above this complaint was out of time.

I note that the Complainant did not make an application for an extension of 6 months as is provided for in Sec 41(8) above.

I find that even if he had done so successfully the period that may be investigated is 15^th June 2015 to 14^th June 2016. The alleged contravention occurred on 12^th June 2015. The complaint would still have been out of time as per section 41(8) above.

Decision:

 Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act, also under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

I have decided that this complaint was presented to the Commission outside the time limit allowed in the Act.

Therefore I have decided that I do not have jurisdiction to hear this complaint.

Dated:   9^th November 2016