ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004567

Complaint for Resolution:

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

Date of Adjudication Hearing: 07/11/2016

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015, 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.

Background

The Complainant was employed as a Waitress from 22^nd September 2014 to 12^th June 2015. She has claimed that she did not get paid holidays.

Complainant’s Submission and Presentation:

She stated that she applied to the Inspectorate of the Workplace Relations Commission (WRC) and the outcome was that the Respondent undertook pay her an outstanding amount. However the cheque was not honoured by the bank. She is seeking her payment owing. She applied in good time to the WRC, she did not know of the differences in the departments.

Respondent’s Submission and Presentation:

The Respondent accepts that the cheque issued was stopped by the bank. He is committed to paying the amount owing once bank clearance for the funds has been sorted out.

Findings

Time limit

I note that this complaint was presented to the WRC on 18^th August 2016.

I note that the employment ended on 12^th June 2015.

I note that the Complainant made a complaint to the Inspectorate Section of the WRC and later to the Adjudication Service.

I am required to act judiciously and may only accept the application date to the Adjudication Service and not the date that it was sent to the Inspectorate.

Time limits under the Workplace Relations Commission Act.

Sec 41 (6) “states, 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”.

Sec 41 (8) states, “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 or refer the dispute within that period was due to reasonable cause”.

I find that this complaint was presented to the Commission outside the time limit allowed under this Act.

I find that even if the extension to the time limit was granted the complaint would still be out of time.

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 was presented to the Commission outside the time limit allowed under Sec 41 of this Act as set out above.

Therefore I may not entertain this complaint.

Eugene Hanly

Adjudication Officer

Dated:   20 March 2017