ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00006551

Complaint

Date of Adjudication Hearing: 25/07/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 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 on a casual Contract of Employment as a Night Porter from 9^th March 2015 until the employment was terminated with one week’s notice on 1^st June 2016. The Complainant was paid €10.00 an hour and he worked 30 hours a week over 3 days either from 11pm to 8am or Midnight to 7am. The Complainant was provided with a written statement of his terms and conditions of employment, including the Grievance and Disciplinary Procedures of the Company.

It was alleged that the Complainant had left the Premises on a specified night leaving the premises unattended with some 167 guests. There was an investigation meeting held on 18^th May 2016, followed by a Disciplinary Hearing 23^rd May 2016 following which the Complainant was informed on 25^th May 2016 and by letter of the same date that his employment was to be terminated with a right of appeal. The Complainant did not appeal the decision to dismiss him. He was paid one week’s pay in lieu of notice.

The Complainant referred a complaint to the Workplace Relations Commission on 23^rd December 2016 alleging he had been unfairly dismissed by the Respondent on 23^rd May 2016, which was the date of the Disciplinary Hearing.

PRELIMINARY ISSUE – TIME LIMITS.

Section 1(1) (a) of the Act defines what “date of dismissal” means as follows – where prior notice of the termination of the contract of employment is given and it complies with the provisions of that contract and of the Minimum Notice and Terms of Employment Act, 1973 to 2005, the date on which that notice expires. The Complainant’s Contract of Employment provides for notice in accordance with the Act of 1973 – 2005 which in the case of the Complainant is one week’s notice of termination. The complaint form submitted to the WRC states the date of dismissal was 23^rd May 2016 but this was the date of the Disciplinary Hearing. The Complainant was informed of the decision to dismiss him with one weeks notice on 25^th May 2016. Therefore in accordance with Section 1 of the Act the date of dismissal is 1^st June 2016.

Section 8 (2)(a) of the Unfair Dismissals Act provides that a complaint must be forwarded (a) within the period of 6 months of the date of the relevant decision. However Section 8 (2)(b) does allow for an extension of time by a further 6 months if the Complainant can show that “the giving of the notice within the period referred to in paragraph (a) was prevented due to reasonable cause. The Complainant did not advance any reason for the delay despite being afforded an opportunity by the Adjudication Officer to do so.

DECISION:

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

In accordance with Section 8 (1) (c ) of the Act I declare I do not have jurisdiction to hear this complaint as the complaint does not comply with Section 8 (2) (a) of the Act.

Dated: 06/10/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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