ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030776
Parties:
| Complainant | Respondent |
Parties | Sumbal Huma | Word Perfect Translation Services Limited |
Representatives | Self-Represented | Mr. Anthony Slein BL, instructed by Ms. Alice Heron, MS Solicitors |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00041218-001 | 23/11/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00041218-002 | 23/11/2020 |
Date of Adjudication Hearing: 23/07/2021
Workplace Relations Commission Adjudication Officer: Brian Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant commenced employment with the Respondent in mid-2015. On 23rd November, the Complainant lodged complaints under the Organisation of Working Time Act and the Payment of Wages Act. From the outset, the Complainant accepted that these complaints were lodged in excess of six months from the date of the contravention. Having regard to the same, she made an application to extend the relevant period for the purposes of the complaint to twelve months on the basis of reasonable cause to do so. A hearing in relation to this matter was convened and finalised on 23rd July 2021. This hearing was conducted 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. No technical issues were experienced by either side during the hearing. The preliminary matter as to the relevant period for the complaint was considered prior to the substantive complaint. |
Summary of Complainant’s Case:
The Complainant alleged that the Respondent made an unauthorised deductions from her wages on 15th February 2019 & 15th March 2019. In circumstances whereby, these complaints appeared to lodged in excess of the statutory time-frame set out in the respective legislation, the Complainant requested an extension of the relevant period. In support of this application, the Complainant submitted that she had received conflicting legal advice regarding the matter. She further submitted that she was unable to return to the jurisdiction as a result of the restrictions arising from the Covid-19 pandemic. Finally, the Complainant submitted that she did not refer the complaints within the statutory timeframe as she had concerns regarding potential retaliation by the Respondent. |
Summary of Respondent’s Case:
By response, the Respondent stated that the complaints were lodged in excess of one year from the date of contravention. In such circumstances, even with an extension of time, the complaints would be statute barred for the purposes of the Acts. For the avoidance of doubt, the Respondent also submitted that the Complainant did not demonstrate “reasonable cause” to extend the relevant period. |
Findings and Conclusions:
Section 6(6) of the Workplace Relations Act 2015 provides that, “…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.” Section 6(8) provides that, “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.” The matter at hand relates to the alleged non-payment of wages and annual leave entitlement in February and March 2019. In circumstances whereby the complaint was lodged on 23rd November 2020, it is clear that the alleged contraventions occurred well in excess of 12 months from the date of referral. In such circumstances I find that no breaches of the respective Acts occurred within the relevant period and the complaint is not well-founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00041218-001 I find that the complaint is not well-founded and the Complainant’s application fails. CA-00041218-002 I find that the complaint is not well-founded and the Complainant’s application fails. |
Dated: 17th November 2021
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Time-Limits |