ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009465
Parties:
| Complainant | Respondent |
Anonymised Parties | Distribution Worker | Distribution Centre |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00012076-001 | 22/06/2017 |
Date of Adjudication Hearing: 14/11/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 Complainnat was employed with the Respondent Company from 7th April 2010 until the employment terminated on 20th July 2016. The Complainant referred a complaint to the Workplace Relations Commission on 22nd June 2017 alleging the Respondent had breached the Payment of Wages Act, 1991 – 2015 in relation to payment of time the Complainnat alleges she spent waiting on transport to her place of work. Section 41(6) of the Workplace Relations Act, 2015 provides as follows _ “ an adjudication officer shall not entertain a complaint referred to him or her 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” . Section 41(8) does allow for an extension of time due to reasonable cause. The Complainant did not present any explanation to the Adjudication Officer at the Hearing to explain the delay between the termination of the employment on 20th July 2016 and the complaint being lodged on 22nd June 2017. I find I do not have jurisdiction to hear this complaint. |
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.
On the basis of my findings above in relation to “Time Limits”, I declare I do not have jurisdiction to hear this complaint as it does not comply with Section 41(6) or (8) of the Workplace Relations Act, 2015 |
Dated: 16 February 2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Time Limits – No jurisdiction |