ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026848
Parties:
| Complainant | Respondent |
Anonymised Parties | A complainant | A respondent |
Representatives | none | none |
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-00034449-001 | 05/02/2020 |
Date of Adjudication Hearing: 11/02/2021
Workplace Relations Commission Adjudication Officer: Conor Stokes
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 is employed by the respondent, a multisite, multinational. |
Summary of Complainant’s Case:
The complainant submitted that his terms and conditions had changed and he was not notified of the changes in writing. He outlined a history of interactions with the employer which occurred more than 12 months prior to the date of application to the WRC. These interactions related to seniority, the rounding of time and payments contrary to a Union/Employer agreement. |
Summary of Respondent’s Case:
The respondent indicated that perhaps certain interactions might be considered as occurring within the timeframe. |
Findings and Conclusions:
The complainant conceded that the interactions upon which his complaint were based were outside the timeframes envisaged within the Act. Notwithstanding the respondent’s suggestion, the complainant indicated that no interactions occurred within the timeframe envisaged by the Acts. Section 41 (6) & (8) of the Workplace Relations Act, 2015 deal with the timeframe for presentation of cases to the Director General and they envisage a period of 12 months prior to the presentation of the claim: (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. (8) An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause. As the interactions occurred before the period envisaged by the Act, I find that this complaint is not well founded. |
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.
My decision is that as the interactions complained of occurred before the time period envisaged by the Act for presenting a complaint to the Director General, this complaint is not well founded. |
Dated: 22nd March 2021
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Time limits, Workplace Relations Act 2015, not well founded |