ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028663
Parties:
| Complainant | Respondent |
Anonymised Parties | An Optical Receptionist | An Optical Practice |
Representatives | Self-Represented | Owner Practitioner. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00038521-001 | 04/07/2020 |
Date of Adjudication Hearing: 18/02/2021
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and section 7 of the Terms of Employment (Information) Act, 1994 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.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
Background:
The issue in contention concerned an alleged failure by the Respondent Employer to properly notify the Complainant of a material change in her working conditions. The Employment began in July 2006 and ended in June 2020. The Complainant’s rate of pay was approximately € 232 for a 21-hour week. |
1: Opening Issue – Time Limits.
Section 41 (6) of the Workplace Relations Act, 2015 provides as follows
(6) Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.
It was agreed by the Parties that the alleged incident at the centre of the case took place in June 2014. The Complaint – CA-00038521 – was not received at the WRC until the 4th of July 2020.
The Complaint is therefore outside the 6-month statutory time limit and I have no proper Juridistiction to proceed with the Complaint.
The case is deemed to be Not Well Founded.
2: Findings and Conclusions:
The case is out of time and is deemed to be Not Well Founded. |
3: Decision:
Section 41 of the Workplace Relations Act 2015 and section 7 of the Terms of Employment (Information) Act, 1994 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
Complaint CA-00038521 is deemed to be Not Well Founded.
Dated: 26th April 2021
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Time Limits. Changes to Terms and Conditions of Employment. |