ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00007431

Complaint

Date of Adjudication Hearing: 06/07/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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.

The Complainant was employed from 8^th December 2015 until the employment terminated on 7^th September 2016. The Complainant was paid €32,000.00 per annum and worked 37 hours a week. The Complainant was provided with a written statement of her Terms and Conditions of Employment. The Complainant referred a complaint to the Workplace Relations Commission on 6^th March 2017 alleging the Respondent had breached Section 5 of the Payment of Wages Act, 1991 on 4^th February 2016.

There was an objection from the Respondent to an Adjudication Officer hearing the complaint under the Industrial Relations Act, 1969

PRELIMINARY ISSUE – TIME LIMITS.

This complaint was lodged with the WRC on 6^th March 2017 in relation to an alleged breach of the Act on 4^th February 2016. Section 41(6) of the Workplace Relations Act, 2015 provides as follows: “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”.

Section 41(8) provides as follows: - “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…within that period was due to reasonable cause”. Even if this subsection was applied the Complainant would not be within the time limit allowed of 12 months as the period covered is from 7^th March 2016

Decision:

Section 41 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.

In accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare I do not have jurisdiction to hear this complaint as the complaint does not comply with Section 41 (6) or Section 41 (8) of the Act.

Dated:   24 August 2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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