ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005987

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

Date of Adjudication Hearing: 07/02/2017

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Procedure:

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

Decision:

Section 41(5)(iii) 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 Complainant submitted a claim to the WRC on October 17^th 2016 stating she was due pay that should have been paid on September 9^th 2013. Under Section (6) of the Workplace Relations Act 2015 an Adjudicator has no jurisdiction to hear a case that is submitted after the expiration of the period of 6 months beginning on the date of the contravention in which the complainant relates ( in normal circumstances) or as per Sec (8) of the Act, 12 months where reasonable cause delays the submission of the claim). In this case the claim was submitted over three years after the payment is alleged to have been due and the contravention occurred. I therefore have no jurisdiction to hear the case and find the claim not well founded.

Dated:   09/05/2017