ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00009397
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
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-00012186-001 | 28/06/2017 |
Date of Adjudication Hearing: 19/09/2017
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and the abovementioned Act, 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).
Background:
The herein complaint refers to an alleged breach of the Act in the six years to 2011 and relates specifically to the calculation of Holiday pay prior to that time. The date of receipt of complaint by the WRC is the 28th of June 2017 and it is therefore hopelessly out of time. It is open to the complainant in accordance with his statutory entitlement to present a contemporaneous and timely complaint if such is warranted. |
Decision:
Section 41 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.
In accordance with the provisions of s. 27 (4) and s. 27 (5) of the Act I lack jurisdiction to hear this complaint and consequently it is not well founded. |
Dated: 13.11.17