ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00021482
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | Education Service Provider |
Representatives | The claimant represented himself | Terry Mac Namara IBEC North West |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00028174-001 | 03/05/2019 |
Date of Adjudication Hearing: 27/09/2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 6 of the Payment of Wages Act ,1991] 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).
Preliminary Matter of Jurisdiction
The claimant’s complaint related to alleged underpayment by the respondent during the periods 20.06.2016 – 04.09.2017 and from the 11.09.2017 – 07.05.2018.The claimant’s complaint was received by the WRC on the 3rd.May 2019 .Accordingly , the time frame for consideration of the complaint is the 04.11.2018 – 03.05.2018.While the claimant advanced that it was the 3rd.July 2018 before he became aware of the alleged underpayment and that there were subsequent delays on the respondent’s part in clarifying the matter , I am not satisfied that reasonable cause has been advanced to justify the delay in making the complaint. Accordingly , I find the complaint is out of time and I have no jurisdiction to investigate the complaint.
Dated: 6th December 2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea