ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002571

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

Date of Adjudication Hearing: 25/01/2017

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).

A preliminary point was raised by the Hearing in regard to time limits and presentation of complaints as both were made outside of the six month time limit from the date of the alleged contravention of the Acts.

In regard to the claim of a protected disclose the following legislation is relevant:

Workplace Relations Act 2015

S 41(6) 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.

Protected Disclosure Act 2014

S 12(9) A complaint shall be presented by giving notice of it in writing to a rights commissioner and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister for Jobs, Enterprise and Innovation.

In the complaint form the Claimant did not name a Respondent or submitted particulars of the case. He merely ticked a box 19 on the form.

In the case of the constructive dismissal claim; s 41(6) of the Workplace Relations Act 2015 places it outside of the time limit of six months.

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.

The Claimant was invited to provide grounds for reasonable cause that prevented him from making a complaint within the time limits required with regard to constructive dismissal. He cited that he was ‘stressed out over the situation’.

I have considered this and do not accept it as reasonable cause as there are a number of public bodies, such as the National Employment Rights Agency, or other public information bodies, including their websites, which could have assisted the Claimant to submit a complaint within the required time.

In regard to the complaint under the Protected Disclosure Act I declare that this claim is not properly before me on the grounds that complaint form did not state any Respondent, particulars of the complaint and is out of time.

Dated:  28^th February 2017