ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00017422

Parties:

Adam Zurek Interpreter

Complaints:

Date of Adjudication Hearing: 17/12/2018

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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.

Background:

Preliminary Point - Time Limit

Complainant

She stated that she went to New Zealand. She broke her ankle and this delayed her return to Ireland. Her father in Poland became ill and she spent three weeks with him before her return. Upon her return to Ireland she consulted a solicitor. She stated that she knew about on-line applications but was unaware of time limits. She did not access the Workplace Relations Commission website while she was away. She has requested that an extension be granted to allow her to process her claim for unfair dismissal.

Respondent

This complaint is out of time. This employment ended on 14th September 2017. This complaint was presented to the Commission on 25th June 2018. No evidence had been presented to demonstrate that the failure to present the claim in time was due to reasonable cause. This complaint is outside the six month period allowed and so should be dismissed.

Decision on time limit

I note that Sec 6 of the Workplace Relation Act 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.

Sec 8 states, “ 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.

Reasonable cause

I note that the Labour Court in the Cementation Skanska V Carroll DWT0342 case stated, “ in considering if reasonable cause exists it is for the complainantto show that there are reasons which both explains the delay and afford an excuse for the delay…In the context in which the expression reasonable cause appears in the statute it suggests an objective standard but it must be applied to the facts and the circumstances known to the complainant at the material time”.

Therefore I find that in order to achieve an extension to the time limit the Complainant must be able to show that there are reasons which both explain the delay and affords an excuse for the delay.

In this case the Complainant stated that she was aware of an on-line facility.

She admitted to not making on line searches regarding a claim that she was contemplating.

I find that the reference to the broken ankle delayed her return, but it would also give her an opportunity to check out her options on-line while recuperating.

I note that she has admitted to not knowing about the time limits.

I find that an ignorance of the law is not a justification.

I find that it is well established that ignorance of the law is not a defence.” ignorance of one’s legal rights, as opposed to the underlying facts giving rise to a complaint, cannot provide a justifiable excuse for a failure to bring a claim in time” (Labour Court case Avery Weight –Tronix v Kindsley DWT1244).

Laffoy J. in Minister for Finance –v- CPSU and Others 2007 18ELR36 stated to the effect that ignorance of one’s legal rights cannot in law constitute a reasonable cause for not observing a statutory time limit.

Therefore, I must find that ignorance of the time limits cannot be a reasonable excuse.

I find that no credible evidence was put forward to justify an extension of the time limit on reasonable grounds.

Therefore, I find that the complaint is out of time.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

For the above stated reasons I have decided that no reasonable cause has been established to enable me to extend the time limit.

I have decided that this claim is out of time and I do not have jurisdiction to hear it.

Dated:   30/01/19

Workplace Relations Commission Adjudication Officer: Eugene Hanly

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