ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017796
Parties:
| Complainant | Respondent |
Anonymised Parties | accountant | Accountants |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00022966-001 | 31/10/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00022966-002 | 31/10/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00022966-003 | 31/10/2018 |
Date of Adjudication Hearing: 06/03/2019
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, Section 8 of the Unfair Dismissals Acts, 1977 - 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.
Ca-00022966-001
Unfair Dismissals Act 1977
Preliminary Issue
The respondent submitted that the claimant’s employment ended on the 1st November 2017 and the complaint was not received by the WRC until the 31st October 2018. It was further submitted that alleged complaint must be submitted within 6 months from the date of the offence. The claimant has made no application for an extension of time. It submitted that the complaint is out of time.
Findings
The claimant was afforded addition al time to submit additional documentation to support his complaint however no responses has been received by the date agreed
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
I find that the complaint is out of time and I have no jurisdiction to hear it
Ca-00022966-002
Organisation of Working Time Act 1997
Preliminary Issue
The respondent submitted that the claimant’s employment ended on the 1st November 2017 and the complaint was not received by the WRC until the 31st October 2018It was further submitted that alleged complaint must be submitted within 6 months from the date of the offence. The claimant has made no application for an extension of time. It submitted that the complaint is out of time.
Findings
The claimant was afforded addition al time to submit additional documentation to support his complaint however no responses has been received by the date agreed
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the complaint is out of time and falls.
Ca-00022966-003
Payment of Wages Act 1991
Preliminary Issue
The respondent submitted that the claimant’s employment ended on the 1st November 2017 and the complaint was not received by the WRC until the 31st October 2018. It was further submitted that alleged complaint must be submitted within 6 months from the date of the offence. The claimant has made no application for an extension of time. It submitted that the complaint is out of time
Findings
The claimant was afforded addition al time to submit additional documentation to support his complaint however no responses has been received by the date agreed
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the complaint is out of time and falls.
Dated: 19th June 2019
Workplace Relations Commission Adjudication Officer: Jim O'Connell