ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00018914
Parties:
| Complainant | Respondent |
Anonymised Parties | A Bakery Operative | A Bakery |
Representatives | Peter Mullen B.L. instructed by Aaron Kelly & Co., Solicitors | Management Support Services (Ireland) Ltd |
Complaint:
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-00024390-001 | 20/12/2018 |
Date of Adjudication Hearing: 16/07/2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015,following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant was employed by the respondent as a Bakery Operative from on or about the 11th June 2014 until her resignation on 7th June 2018. The complaint alleging constructive unfair dismissal was submitted to the Workplace Relations Commission (WRC) on 20th December 2018. The respondent provided a written submission at the adjudication hearing. Counsel for the complainant made an oral presentation in relation to the complaint. |
Preliminary Point – Time Limit
The respondent contends that the complaint is out of time as it was submitted to the WRC outside of the statutory six-month time frame for the referral of such complaints. The respondent submits that the complainant has failed to show any reasonable cause for the delay in submitting the complaint and in those circumstances the complaint should be dismissed. |
Findings and Conclusions:
Time Limits Section 8(2) (a) and (b) of the Unfair Dismissals Act, 1977 (as amended) provide as follows: 2) A claim for redress under this Act shall be initiated by giving a notice in writing (containing such particulars (if any) as may be specified in regulations under subsection (17) of section 41 of the Act of 2015 to the Director General — (a) within the period of 6 months beginning on the date of the relevant dismissal, or (b) within such period not exceeding 12 months from the date of the relevant dismissal as the adjudication officer considers appropriate, in circumstances where the adjudication officer is satisfied that the giving of the notice within the period referred to in paragraph (a) was prevented due to reasonable cause, In the instant case, the complainant resigned on 7th June 2018 and did not submit her complaint to the WRC until 20th December 2018. The complaint was submitted outside of the statutory six-month period and in the absence of any valid explanation put forward in relation to the delay in submitting the complaint, I conclude that the complaint is out of time. |
Decision:
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
Having considered the submissions of both parties I find that the complaint, which was submitted to the WRC outside of the statutory six-month timeframe, is out of time and is therefore statute barred. |
Dated: 7th November 2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Out of time, statue barred |