ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006668
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Baker |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984. | CA-00008947-001 | 20/12/2016 |
Date of Adjudication Hearing: 20/03/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012, and/or Part VII of the Pensions Acts 1990 - 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations Acts 1969] 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).
Background:
A preliminary point was raised in the Respondents submissions in regards to time limits and the Hearing jurisdiction in these matters. |
Decision:
Section 41 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.
[Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9 of that Act.]
The Respondent company went into receivership on 16 June 2015. His current complainant was received on 20 December 2016. The Claimant had a number of claims dealt with by the WRC on 3 September 2015 and a decision issued 4 January 2016. He was legally represented at this time. Section 9 (1B) of the Employers’ Insolvency Act allows a six month time limit to lodge a complaint. As the Claimant had access to legal advice I do not accept that there reasonable cause to extend the time limits. Therefore I have no jurisdiction in this matter. |
Dated: 19 June 2017
Workplace Relations Commission Adjudication Officer: John Tierney