ADJ-00005189

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005189

Complaint for Resolution:  

Date of Adjudication Hearing: 24/11/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin 

Procedure: 

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and 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 from 28^th June 2014 until the employment terminated on 20^th October 2016. The Complainant was paid €400.00 gross per fortnight and worked 40 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 29^th September 2016 alleging the Respondent had breached Section 5 of the Terms of Employment (Information) Act, 1994. 

Summary of Complainant’s Position 

The Complainant stated the end of November 2015 he received notification on the back of his roster that he should have all his annual leave entitlements taken by the end of December 2015. He stated this was a breach of previous procedures where annual leave could be carried over. 

Preliminary Issue. 

Section 41(6) of the Workplace Relations Act, 2015 requires that complaints must be lodged with the Workplace Relations Commission within the period of 6 months of the alleged contravention to which the complaint relates. This complaint was lodged with the WRC on 29^th September 2016 in relation to an alleged contravention of the Act in November 2015 

Decision. CA-00007254-001

In accordance with Section 41 (5) of the Workplace Relations Act, 2015 I declare I do not have jurisdiction to hear this complaint as it does not comply with Section 41 (6) of the Act. 

Rosaleen Glackin 

Adjudication Officer 

Date:___06 March 2017___