ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00021530
Parties:
| Complainant | Respondent |
Anonymised Parties | A production operator | An Employment Agency |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012 | CA-00028181-001 | 03/05/2019 |
Date of Adjudication Hearing: 16/12/2019
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
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 explained that she had lodged previous claims with the WRC which were not before me. I explained that I am only able to deal with the complaint before me under reference CA-00028181-001. |
Summary of Complainant’s Case:
The Complainant commenced employment with the Respondent which is an employment agency on the 23rd of January 2017.
On her complaint form she stated that the employment ended on the 18th of May 2018. |
Summary of Respondent’s Case:
The Respondent submitted that the Complainant concluded her employment on the 6th of October 2017. It explained that the Complainant had applied for a role with the end user with whom she was placed by the employment agency and was successful attaining the role.
The Respondent submitted the Complainant had only nine months service with them. This was corroborated by the Complainant’s own description in the complaint form. |
Findings and Conclusions:
The Complainant lodged her complaint on the 3rd May 2019. I accept that the Complainant ceased employment with the Respondent on the 6th October 2017. I am bound by Section 41 of the Workplace Relations Act 2015. This states that I cannot entertain a complaint presented at six months beginning on the date of the contravention to which the complaint relates. I do have the jurisdiction to extend this six-month period by a further six months but even if I did extend the time limit by that six months this complaint is still out of time. |
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.
The complaint is lodged outside the allowable time limits.
I have no jurisdiction to hear this case. The complaint is not well founded. |
Dated: 19-03-2020
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Out of time. Jurisdiction Section 41 of the Workplace Relations Act, 2015 |