ADJ-00006924

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00006924

Parties:

Complaint(s):

Date of Adjudication Hearing: 10/04/2017

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Location of Hearing: Room 4.01 Lansdowne House

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.

The Complainant herein has referred a matter for dispute resolution under Section 27 of the Organisation of Working Time Act, 1997.

Background:

The Complainant has brought a complaint by way of Workplace Relations Complaint Form dated the 26^th of January 2017. The Complaint concerns the Non-payment of accrued Annual leave entitlements that the Complainant say were due to him from in and around August 2015 which is the point in time that the Complainant returned to the workplace following an extended period of absence through ill health.

Summary of Complainant’s Case:

The Complainant repeatedly wrote to the employee Relations Department looking for clarification on the shortfall.

Summary of Respondent’s Case:

The Respondent states that there is no shortfall and the Complainant is fully paid up in respect of all Holiday Time accruing to him. The Respondent additionally makes the point that this claim is out of time as the Complainant did not submit his Complaint within six months of his having come to the genuinely held belief that there was an error in calculations – August 2015.

Findings and Conclusions:

I am quite clearly bound by the Time Limits imposed by the Workplace Relations Act of 2015. The Complainant’s cause of action accrued in and around August of 2015. He had six months to lodge a Complaint with a further six months if reasonable cause is shown. It is an unfortunate fact that the Complaint herein was lodged in January of 2017 some seventeen months after the breach.

Decision:

The Complaint herein is brought out of time and I have no Jurisdiction to hear the matter.

Dated:   31/08/2017

Workplace Relations Commission Adjudication Officer: Penelope McGrath