ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00012043
| Complainant | Respondent |
Anonymised Parties | Manager | Wholesaler/retailer |
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-00015407-002 | 27/10/2017 |
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-00015407-006 | 27/10/2017 |
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-00015407-008 | 27/10/2017 |
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-00015407-010 | 27/10/2017 |
Date of Adjudication Hearing: 30/04/2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints
CA-0015407—002/CA-00015407—6/ CA15407—008
CA00015407--010
Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)
Preliminary Issue
The respondent submitted that the claimant submitted his complaints to the Work Place Relations Commission on the 27th October 2017. It was stated on the claim form that the transfer took place on the 20th January 2017.
Section 10(6) of the regulation(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.”
It was further submitted by the respondent that the claimant cannot put forward any reasonable grounds for an extension of time.
Findings
I find the claimant had opportunity to get professional advice within the time frame. The claimant confirmed during the hearing that he had consulted with a legal representative on employment issues but not on the transfer regulations.
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 that the complaint is out of time and I have no jurisdiction to hear it.
Dated: 20th July 2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
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