ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00009185
Parties:
| Complainant | Respondent |
Anonymised Parties | Sales manager | Electrical Supplies company |
Representatives | Self | Brian Dolan Peninsula |
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-00012052-001 | 21/06/2017 |
Date of Adjudication Hearing: 01/12/2017
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed by the Respondent from the 11th of October 2005.
He resigned giving two weeks’ notice to the Respondent on the 14th of October 2016. |
Summary of Complainant’s Case:
On receipt of his resignation the Respondent advised him he had four days annual leave to take. He was advised that he was being put on garden leave for these four days and he was sent home.
His claim was that he was entitled to holiday pay. |
Summary of Respondent’s Case:
The Respondent’s case is that the Complainant did give notice of his intention to resign on the 14th of October 2016 and that his contract of employment ended on the 21st of October 2016.
The Respondent’s case is that the Complainant did not lodge his claim for holiday pay until the 21st of June 2017 some eight months after the date his employment ended.
The Respondent submitted the Complainant could not show reasonable cause for the delay in lodging relevant proceedings. It relied on the caselaw in this area.
Without prejudice to same the Respondent gave evidence that their holiday year runs between January and January. The Complainant had taken eighteen days annual leave which was in excess of his entitlement.
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Findings and Conclusions:
The complainant handed in his notice on the 14th October 2016. He did not lodge his claim with the WRC until the 21st June 2017. The complaint is out of time. The Complainant did not show reasonable cause to extend the time limit. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have no jurisdiction to hear this complaint. The complaint is statute barred / out of time. |
Dated: 25th April 2018
Workplace Relations Commission Adjudication Officer: Marguerite Buckley