ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00018489

Parties:

	Complainant	Respondent
Anonymised Parties	A Retail Worker	A Service Station

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00023765-001	04/12/2018
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00023766-001	04/12/2018

Date of Adjudication Hearing: 01/07/2019

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 27 of the Organisation of Working Time Act, 1997 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Opening Jurisdictional/Time Limits Issue

The claim was lodged with the WRC on the 4th December 2018, a delay in excess of six months from the ending of the employment. The Complainant had not been in active employment since October 2017 – the period to May 2018 having been Sick leave.

Under Section 41 (6) of the Work Place Relations Act 2015 an Adjudication Officer is precluded from considering a claim after the expiry of six months from the date of the contravention.

An extension may be granted to allow a 12-month period for the reference of claims if the Adjudicator is satisfied that the initial delay was due to “reasonable cause”.

Having heard the Evidence from the Complainant I was satisfied that no such “Reasonable Cause” existed.

Accordingly, the claim/complaint was deemed Statute Barred and could not proceed.

Background:

The issues in dispute concern the alleged non-Payment of Bank Holiday payments while the Complainant was on sick leave from late 2017 to the end of employment in May 2018.

1: Summary of Complainant’s Case:

The Complainnat alleged that Holiday Pay and Annual leave pay, which she maintained she was due for the Sick Absence period from October 2017 to May 2018 had not been paid to her. She maintained that a former colleague had been paid these payments for a similar period.

2: Summary of Respondent’s Case:

The Respondent did not present oral evidence - They submitted written correspondence highlighting the Time Limits issue.

In addition, they denied in writing any allegations regarding Payments as alleged by the Complainant.

3: Findings and Conclusions:

As stated above, in the Jurisdictional comments, the complaint is outside the required Time Limits and must be set aside as Not Well founded.

4: Decision:

Section 41 of the Workplace Relations Act 2015 and Section 27 of the Organisation of Working Time Act, 1997 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

Act	Complaint/Dispute Reference No.	Summary Decision
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00023765-001	Complaint was not lodged within the correct time limits. Accordingly, it is Not Well Founded and is set aside.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00023766-001	Complaint was not lodged within the correct time limits. Accordingly, it is Not Well Founded and is set aside.

Dated: 11/09/19

Workplace Relations Commission Adjudication Officer: Michael McEntee

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