FTD191

It is common case that the Appellant ceased to be a Fixed term Worker on 17^thDecember 2016. His complaint made under the Act was made to the Workplace Relations Commission on 10^thJuly 2018.

Approach of the Court

The Court decided to consider as a preliminary matter the issue of the time limits applicable for the making of a complaint under the Act. The Court took this decision on the basis that the Court’s consideration of that matter had the potential to dispose of the matter in its entirety.

Summary position of the parties on the preliminary matter

The Appellant submitted that he was not aware of the time limits set down in the legislation for the making of a complaint. He believed that any time limit would run from the date when he formalised his complaint with his employer.

The Respondent submitted that the Court had no jurisdiction to extend time for more than the 12- month period set down in the Workplace Relations Act, 2015 at Sections 41(6) and 41(8). The Appellant’s complaint was made approximately 18 months after he ceased to be a fixed term worker.

The Law.

Section 41 of the Workplace Relations Act, 2015 in relevant part provides as follows:

• 41(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…..

  (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 protection of the Act is conferred solely on fixed-term employees and a complaint under the Act can only be entertained if it relates to a period of fixed-term employment. Hence, the first point for consideration is whether the Complainant was a fixed-term employee within the statutory meaning in the six-month period ending on the date on which his complaint was referred to the Workplace Relations Commission. If he was not a fixed-term employee during that period, or such extended period as may be ordered by the Court in accordance with the Workplace Relations Act, 2015 at Section 41(8), he cannot maintain these proceedings and the Court has no jurisdiction to entertain their claim.

It is common case the Appellant ceased to be a fixed term employee on 17^thDecember 2018. Consequently, the Appellant was not a fixed term employee during the period of twelve months prior to the making of the within complaint.

The Court thereforefinds that the Appellant cannot maintain the within complaint and the appeal must fail.

Determination

The Court determines that the Appellant was not a fixed term employee during the cognisable period for the within complaint. The appeal fails and the decision of the Adjudication Officer is affirmed.

Signed on behalf of the Labour Court



Kevin Foley
MK______________________
22 January 2019Chairman



NOTE

Enquiries concerning this Determination should be addressed to Mary Kehoe, Court Secretary.