ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00005998
Parties:
| Complainant | Respondent |
Anonymised Parties | An Operative | A Hide Company |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00008283-001 | 21/11/2016 |
Date of Adjudication Hearing: 01/08/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 7 of the Terms of Employment (Information) Act, 1994 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).
1: Summary of Complainant’s Case:
The Complainant was not provided with a statement in writing of his terms and conditions of employment until the 1st August 2014 -having been initially employed in June 2011. |
2: Summary of Respondent’s Case:
The Respondent was unclear as to the exact situation prior to August 2014. They felt that it was unlikely that no contract had been provided but could not really be exactly sure. No detriment of any nature had occurred to the Complainant and if a breach of the Act had taken place it was technical and most minor. |
3: Findings and Conclusions:
Having regard to Section 41(6) of the Workplace Relations Act, 2015 (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 alleged contravention took place prior to 1st August 2014 and is accordingly out of time for Consideration by an Adjudication Officer. Accordingly I could not proceed with the Complaint and it is dismissed as being out of time. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 7 of the Terms of Employment (Information) Act, 1994 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 the cited Acts.
Act | Complaint/Dispute Reference No. | Summary Formal Decision / Refer to Section Three above for reasoning. |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00008283-001 | Claim is dismissed as being out of time
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Dated: 25.10.2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
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