ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012261
Parties:
| Complainant | Respondent |
Anonymised Parties | Driver | Taxi Operator |
Representatives | David Hynes | Self |
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-00016212-001 | 08/12/2017 |
Date of Adjudication Hearing: 13/03/2018
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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 respondent operated a taxi business and employed the complainant as a driver on a part-time basis until May 2017. The complaint is in relation to public holiday pay. |
Summary of Complainant’s Case:
The complainant never received compensation for public holidays. |
Summary of Respondent’s Case:
There was no formal arrangement but deductions from money received from customers covered what was due for public holidays. |
Findings and Conclusions:
The complaint was received by the WRC on 8 December 2017. The complainant ceased working for the respondent on 19 May 2017. Section 41(6) of the Workplace Relations Act, 2015, states: Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section 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. Subsection (8) allows for an extension of the period to 12 months if the adjudication officer “is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause.” The complainant’s representative stated that the complaint was omitted in error from a previous submission to the WRC. This does not equate to a reasonable cause for failing to present the 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.
Complaint No. CA-00016212-001: This complaint under the Organisation of Working Time Act, 1997, fails as it is out of time. |
Dated: 24th May 2018
Workplace Relations Commission Adjudication Officer: Joe Donnelly
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