ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00010175
Parties:
| Complainant | Respondent |
Anonymised Parties | Transport Supervisor | Transport company |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00013269-001 | 23/08/2017 |
Date of Adjudication Hearing: 20/03/2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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
Ca.-00013269-001
(Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)
Preliminary issue
The respondent submitted that the complaint is time barred because it was not received prior to the expiry of the 6 months staring on the date on which the transfer allegedly occurred which was alleged to be on the 3rd February 2017 when the claimant was dismissed as stated on his complaint form.
It was acknowledged that the claimant had a difficult family time that required his full attention, however the claimants own evidence that he became aware of his Rights under the Regulations in March 2017. It was submitted by the respondent that the claimant did not lodge a complaint until the 23rd August 2017. The respondent further submitted that no evidence was provided which proves that the claimant was physically prevented from lodging his claim for each day over the six months.
The claimant submitted that he wrote to the respondent twice afterwards seeking to transfer under TUPE Regulation on March 17th and April 13th, 2017 and he did not receive a reply to his correspondence. The claimant seeking an extension of time for his complaint to be heard because of difficult family reasons.
Findings
The complaint was received by the Workplace Relations commission on the 23rd August 2017
Additional information was requested which dated 9th April and 27 and April 2018.
(6). A rights commissioner shall not entertain a complaint under this Regulation unless it is presented to the commissioner within the period of 6 months beginning on the date of the alleged contravention to which the complaint relates, or where the rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within that period, such further period, not exceeding 6 months from the expiration of the first-mentioned period, as the rights commissioner considers reasonable.
I find that the claimant faced difficult family situation, however I find that in accordance with the claimant’s own submission he wrote to the respondent on dates i.e. 17th March and 13th April 2017well within the 6 months’ time frame for lodging complaints. I find that when he did not receive a reply within a reasonable time frame he had the opportunity to lodge a complaint.
I find that that he was aware of the regulation and that he had the opportunity of seeking advice at that stage which was within the time allowed for lodging complaints.
Decision:
Section 41 of the Workplace Relations Act 2015 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 that Act.
I find the complaint is out of time and I have no jurisdiction to hear it.
Dated: 24 July 2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
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