HSD195

FULL RECOMMENDATION

HSC/18/20

DETERMINATIONNO.HSD195

ADJ-000011270 CA-00014764-004

SECTION 29 (1), SAFETY HEALTH AND WELFARE AT WORK ACTS , 2005 TO 2014

PARTIES :

GREEN ISLE FOODS
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

JAMES OKORIE

DIVISION :

Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Ms Treacy

SUBJECT:
1. An Appeal of Adjudication Officer Decision No. ADJ-000011270 CA-00014764-004

BACKGROUND:

2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 29(1) of the Safety, Health and Welfare at Work Acts, 2005 to 2014. A Labour Court hearing took place on 6 August, 2019. The following is the Determination of the Court:

DETERMINATION:

This matter comes before the Court as an appeal by James Okorie (the Appellant) of a decision of an Adjudication Officer made in his complaint made under the Workplace Relations Act, 2015 (the Act of 2015) at Section 41 that his former employer, Green Isle Foods (the Respondent), had contravened the Safety, Health and Welfare at Work Act, 2005 (the Act) at Section 27. The decision of the Adjudication Officer was made on 3^rdAugust 2018. The within appeal was received on 1^stOctober 2018.

It is common case that the Appellant’s employment terminated in September 2007. The Appellant alleges that the contravention of the Act occurred during the course of his employment. The Appellant’s complaint to the Workplace Relations Commission (WRC) was made on 2^ndOctober 2017.

The Act of 2015 provides at Section 41(6) as follows:

(6) 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.

The Act of 2015, at Section 41(8) goes on to provide:

(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 to the WRC was made outside the time limits set out in the Act of 2015 at Section 41(6) and 41(8) and consequently the Appellant’s original complaint and the within appeal are statute barred.

Determination

The within appeal fails and the decision of the Adjudication Officer is affirmed.

The Court so determines.

Signed on behalf of the Labour Court

Kevin Foley
CC______________________
14 August 2019Chairman

NOTE

Enquiries concerning this Determination should be addressed to Ceola Cronin, Court Secretary.