ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00033008

Parties:

Complaint(s):

Date of Adjudication Hearing:  01/06/2021

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act,] 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 submitted that he has not been paid or has paid less than the amount due to him in September 2018 and from the 10th January 2019 to the 29th January 2020.

PRELIMINERY ISSUE

The respondent submitted that the incidents that the complainant has raised took place in September 2018 and from the 10th January 2019 to the 29th January 2020.

The complaint was received by the Workplace Relations commission on the 19th April 2021 and in accordance with section 5 of the Payment of Wages Act 1991 the complaint is out of time and statue barred.

Findings

in accordance with (41 (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.

The complaint was received by the WRC on the 19th April 2021Decision:

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 the complaint is out of time and I have no jurisdiction to hear it

Dated:   26th July 2021

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

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