PWD192

This matter comes before the Court as an appeal by the Respondent at first instance, Solly Whites Limited (the Respondent), against the decision of an Adjudication Officer in a complaint made by Omar Bux (the Claimant) under the Payment of Wages Act, 1991 (the Act).

The Adjudication Officer, in a decision dated 16^thOctober 2018, determined that the Respondent had breached the Act and awarded compensation in the amount of €4,000.

Discussion and Conclusions

The Claimant in the within matter did not attend the hearing of the Court. The Court is satisfied, on the basis of a written communication from the Claimant to that effect, that the Claimant was aware of the date and time of the hearing.

The Claimant’s employment terminated in September 2017. The within complaint was made to the Workplace Relations Commission on 31^stMay 2018. The Respondent has submitted that the within complaint was made outside of the time limit of six months set out in the Act for the making of a complaint.

The within complaint was made some eight months following the last potential date upon which a breach of the Act could be contended for.

In those circumstances, and in the absence of any submission from the Complainant on the matter, the Court must find that the within complaint is out of time.

Determination

The complaint was made outside of the time limit allowed under the Act for the making of a complaint. The appeal succeeds and the decision of the Adjudication Officer is set aside.

The Court so determines

Signed on behalf of the Labour Court



Kevin Foley
CR______________________
22 January, 2018Chairman



NOTE

Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.