ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005257

Complaints for Resolution:

Venue: WRC; Lansdowne House, Ballsbridge, Dublin 4.

Date of Adjudication Hearing: 26/01/2017

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background

The Complainant was employed as Bar Staff from 17^th March 1990 to 1^st September 2014. She was paid €470.00 gross per week. She has claimed that her employer/Receiver did not comply with the European Communities (Protection of Employment) Regulations 2000. She has sought compensation.

1) Protection of Employees (Employers’ Insolvency) Act, 1984. CA 7117-001

This complaint was taken against the Department of Social Protection, not this Respondent.

2) European Communities (Protection of Employment) Regulations 2000

CA 7117 -002

Jurisdictional Point

This complaint was presented to the Commission on 21^st September 2016. Therefore the period that may be investigated is from 22^nd March 2016 or from 22^nd September 2015 if an extension to the time limit was granted

I note that this employment ended on 1^st September 2014.

Therefore I find that this complaint was presented outside of the allowable time limits.

Decision:

Section 41(4) 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.

I have decided that this complaint is out of time even if the extension to the time limit was granted.

Therefore I have decided that I do not have jurisdiction to deal with this complaint.

Eugene Hanly

Adjudication Officer

Dated:   07/06/2017