ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00023581

Parties:

Complaint(s):

Date of Adjudication Hearing: 02/12/2019

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 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

Unfair Dismissal Acts 1977

Ca-0003030361-001

Preliminary Issue

The respondent submitted that the claimant was employed from the 21st May to the 21st August 2018. He was paid €925 gross per week (€700 net)

The respondent submitted that the complaint form was received by the WRC on 19th August 2019 and in accordance with section 8 of the Unfair Dismissal Act the complaint should have been remitted within 6 months from the date of dismissal. The complaint is out of time

The claimant stated that he had gone to a solicitor and he believed that his complaint had been remitted to the Workplace Relations commission. The claimant was not in a position to give a date and time when this had happened. The claimant in the meanwhile changed his legal representatives

Findings

I can confirm that the dismissal took place on the 21st August 2018 and the complaint was receipted by the Workplace Relations Commission on the 19th August 2019

Section 8(2) of the Unfair Dismissals Act 1977 (as amended)

("(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

(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,

I find having careful consideration to the complaint I find that claimant had opportunities to check if his complaint had been lodged with the Service.

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.

I find the complaint is out of time and I that I have no jurisdiction to hear.

Dated:   07/05/2020

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Key Words: