ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00017298

Complaint(s):

Date of Adjudication Hearing: 02/01/2019

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.

Preliminary Issue

The respondent’s representative submitted that all complaints were out of time and the adjudicator had no jurisdiction to hear them

The claimant stated that he had a complaint before the service ADJ 9519 which was heard, and decision was issued. He had raised these issues at the previous hearing. He was advised by the service on the telephone that he could submit his complaints later. He also submitted that he was not advised of any time limits on his complaints.

Background

The claimant was employed by the respondent from the 16th September 16 to the 19th June 17. He was paid €1078 working 50 hours per week as General Manger.

The claimant submitted the following complaints;

Ca -00022347-001 Payment of Wages Act 1991

A             He did not receive the appropriate notice when he was dismissed.

CA-00022347-002 Organisation of Working Time Act 1997

1. He did not receive his paid holiday/annual leave.

CA-00022347-003 Terms of Employment (Information Act 1994

1. He did not received a statement in writing on his terms of employment.

Findings

The complaints were received by the service on the 3rd October 2018.

I find the claimant raised his previous complaint before the service and that these complaints were mentioned. I have examined ADJ 9519 complaint form and I find no reference to these complaints in it.

I find that the employment ended on the 19th June 2017 and if I was to grant an extension of 6 months, I find that it would not come within the 6 months extension that may be allowed under the Act as it would only bring the time to the 18th June 2018.

The employment ended on the 19th June 2017 and received by the service on the 3rd October 2018.

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 complaints are out of time and I have no jurisdiction to hear them

Dated:   06/02/2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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