ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002074
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00001852-001 | 31/12/2015 |
Date of Adjudication Hearing: 15/06/2016
Workplace Relations Commission Adjudication Officer: John Tierney
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).
The Hearing established that the Claimant had retired from the Respondent’s employment on 2 July 2015. He submitted his complaint 0n 31 December 2015. Therefore he was no longer an employee on the date of submitting his complaint. |
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
As the Claimant was not an employee on the date he submitted his complaint and the claim is based on an alleged contravention that occurred in 2001 I do not have jurisdiction in this matter.
The case fails.
Dated: 05/04/2017