ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000748

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

Date of Adjudication Hearing: 29/02/2016

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).

Preliminary Matter of Jurisdiction

The claimant’s complaint was received by the Commission on the 27^th.Nov.2015.

According to the respondent, the claimant was dismissed by the respondent on the27^th.March 2015.It was submitted by the respondent that consequently the complaint was out of time. It was advanced that if the claimant’s notice period was factored into the equation and the date of dismissal extended to the 8^th.May 2015 , the complaint is still out of time   as it would have to be submitted by the 7^th.November 2015 to comply with the 6 month limit provided for in the Act .

The claimant’s representative advanced that the date of dismissal was the 28^th.May 2015 - taking account of notice following his final payment 0f €670 (16^th.April) and the issuing of his P45 which was not received by post until mid-May 2015.It was advanced that the letter of dismissal made no reference to notice and that the claimant was confused when monies were lodged in his account on the 16^th.April 2015.

Having reviewed the evidence presented at the hearing I am satisfied that the notice period should be factored in   in determining the date of dismissal – even allowing for the calculation of notice and determining the 8^th.May 2015 as the date of dismissal, the complaint is still out of time and accordingly I have no jurisdiction to investigate this complaint.

Dated:   22^nd September 2016