ADJ-00020202

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00020202

Parties:

	Complainant	Respondent
Anonymised Parties	Security Guard	Security Company

Representatives

FrankTrappe & Margaret HubbardCitizens Information Centre

Rory Treanor BL, Lisa Weatherstone BL of Peninsula BS, Liam Heffernan

Complaint:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00024864-001	08/01/2019

Date of Adjudication Hearing: 03/09/2019

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 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 as a Security Guard from 31^st March 2015 to 2^nd April 2017. He has sought the terms of the ERO for the Security Industry

Summary of Complainant’s Case:

The Complainant had sought the terms of the Employment Regulation Order (ERO) to be applied to his employment covering the period 31^st March 2015 to 2^nd April 2017

Summary of Respondent’s Case:

1)Time limit

The Respondent stated that the complaint was presented to the Commission on 8^th January 2019 and the period that may be investigated is 9^th July 2018 to 8^th January 2019. The Complainant’s employment ended on 2^nd April 2017. This claim is out of time.

2)The claim has already been adjudicated upon.

Findings and Conclusions:

1)Time limit

I find that the complaint was presented to the Commission on 8^th January 2019 and the period that may be investigated is 9^th July 2018 to 8^th January 2019.

I find that the Complainant’s employment ended on 2^nd April 2017.

Even if there was an extension granted to the time limit it would still be out of time.

2) Terms of the ERO

I find that the ERO came into force on 1^st June 2017.

I find that the Complainant’s employment had ended before the introduction of the ERO.

3)Complaint already adjudicated upon

I find that this complaint was adjudicated upon in ADJ 10614. Therefore, the matter is “Res Judicata” i.e. the matter is [already] judged

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 have decided that this complaint is out of time and I do not have jurisdiction to deal with it.

I have also decided that the Complainant’s employment ended before the passing of the ERO.

I have decided that this matter is “res judicata”.

Dated: October 9^th 2019

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Key Words:

Time limit