ADJ-00008550

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00008550

Parties:

Complaint(s):

Date of Adjudication Hearing: 01/11/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015,] 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). 

Unfair Dismissal Act1977

Ca-00011179-001

Preliminary Issue 

The respondent submitted that the claimant’s employment commenced on the 4th December 2000 and she was dismissed on the 15th April 2016. The respondent submitted that the complaint is out of time and that the Adjudicating Officer had no jurisdiction in the matter.

The respondent submitted case law to support their position.

The claimant stated that she received her dismissal by way of email on the 15th April 2016 and she was never given a hard copy. The claimant further submitted that the dismissal only took place at the appeal hearing on the 27th April 2016 which upheld the decision to dismiss.

The claimant further submitted that she was not made aware of the time frame by her representative.

Findings 

Both parties made written submissions

I find that Section 41(8)

“An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause.”

The complaint was received by the Workplace Relations on the 10th May 2017. I find that if I was to grant the claimant an extension of time of a further 6 months, even from the date of appeal hearing, it would not bring the complaint within the time as required by the Act.

I find that the claimant had the service of legal representation for the complaint to lodged within the time as required by the act.

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.

I find that I have no jurisdiction to hear the complaint of Unfair Dismissal.

Dated:   5^th January 2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Key Words: