ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00009571
Parties:
| Complainant | Respondent |
Parties | A worker | A Security Company |
Complaint(s):
|
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00012521-001 | 15/07/2017 |
Date of Adjudication Hearing: 18/09/2017
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 or such other act as may be referred to in the 2015 Act, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.
The Complainant herein has referred a matter for dispute resolution under Section 27 of the Organisation of Working Time Act, 1997 and the referral has been made within six months of the initial circumstances of the relevant dispute.
Summary of Complainant’s Case:
The complainant stated that he commenced employment with the respondent in 2008. The company was transferred pursuant to the transfer of undertakings regulations in November, 2014. At the date of transfer he states that he was owed 44 days holidays. The new company have paid him for his 2014 entitlements. He was paid for 20 days. He accepted that the balance due was 24 days. 19 days for 2013 and 5 days from 2012. He has made several attempts to resolve the matter with the respondent however all of his attempts have failed. |
Summary of Respondent’s Case:
The respondent stated that the complainant’s claim is statute barred. The claim relates to the holiday pay for the year 2013. The claim was lodged with the WRC in January, 2017. |
Findings and Conclusions:
Workplace Relations Act, 2015 Section 41 (6) “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” The complainant’s claim relates to a period of time in 2014 and 2013. The complainant, even if a further 6 months were added pursuant to Section 41 (8), had until November, 2015 to lodge his claim. The claim was not lodged until July, 2017 and therefore is statute barred. |
Decision:
Section 41 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.
The complainant’s claim is statute barred.
Dated: 16/11/17
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Key Words:
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