PERD161

FULL RECOMMENDATION

PER/16/2

DETERMINATIONNO.PERD161

r-143904-pe-14/SR

INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
EUROPEAN COMMUNITIES (PROTECTION OF EMPLOYMENT) REGULATIONS, 2000

PARTIES :

SR TECHNICS IRELAND LIMITED
(REPRESENTED BY A & L GOODBODY)

- AND -

A WORKER

DIVISION :

Chairman: Mr Foley
Employer Member: Ms Cryan
Worker Member: Ms Tanham

SUBJECT:
1. Appeal Of Adjudication Officer Decision No r-143904-pe/SR.

BACKGROUND:

2. The Worker referred his case to the Labour Court on the 7th of April 2016, in accordance with the European Communities (Protection of Employment) Regulations, 2000. A Labour Court Hearing took place on the 31st of May 2016.

DETERMINATION:

This matter came before the Court by way of an appeal by a Worker (the Appellant) against the decision of a Rights Commissioner / Adjudication Officer made in accordance with European Communities (Protection of Employment) Regulations, 2000 in his complaint against SR Technics (the Respondent).

The Appellant’s employment with the Respondent was terminated on 3^rdJuly 2013. The Appellant made his complaint under the Act on 10^thApril 2014.

The Rights Commissioner / Adjudication Officer found that the complaint had been made outside the time limits laid down by the Regulations and that he had no jurisdiction to hear the complaint.

Preliminary issue

The Court decided to consider the issue of the time limits set out in the Act as a preliminary issue. The Court in made this decision in the interest of efficiency of process taking account of the decision of the Rights Commissioner / Adjudication Officer and of the fact that if the complaint was found to be outside of the statutory time limit such a determination would be determinative of the appeal in its entirety.

The Appellant’s complaint to the Rights Commissioner / Adjudication Officer was made on 10^thApril 2014.

Section 6(3) of the Regulations provides as follows

6(3) A rights commissioner shall not entertain a complaint under this Regulation unless it is presented to him or her within the period of 6 months beginning on the date of the alleged contravention to which it relates or (where the rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within that period) such further period, not exceeding 6 months from the expiration of the first-mentioned period, as the rights commissioner considers reasonable.

The Court sought evidence from the Appellant of any failure by the Respondent to comply with section 9 or 10 of the Protection of Employment Act, 1977 within the time period set out in the Regulations at Section 6(3). The Appellant did not put before the Court detail of any such failure.

The Appellant made no application to the Rights Commissioner / Adjudication Officer for an extension of time. The Appellant made no such application to the Court.

In all of the circumstances the Court must find that the complaint of a failure by the Respondent to comply with section 9 or 10 of the Protection of Employment Act, 1977 has not been made out.

Determination

The Court determines that the Appellant has not made out a complaint of a failure by the Respondent to comply with section 9 or 10 of the Protection of Employment Act, 1977. The decision of the Rights Commissioner / Adjudication Officer is affirmed.

Signed on behalf of the Labour Court

Kevin Foley
4th July 2016______________________
JKDeputy Chairman

NOTE

Enquiries concerning this Determination should be addressed to Jason Kennedy, Court Secretary.