Complainant

Respondent

Parties

Anar  Javadov

Sroosht Limited t/a Hannah's BBQ

Representatives

  In person.

Don Garry, Shroosht Limited

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00040174-001

30/09/2020

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00040174-002

30/09/2020

The Complainant commenced working in the respondent restaurant on 15th June 2016 and this employment ended on 15th March 2020.

The complainant worked 20 hours per week and was paid €10 per hour.

This complaint was received by the Workplace Relations Commission on 30th September 2020.

The Complainant contends that he was unfairly dismissed, and the Respondent did not pay him for outstanding holiday monies he had accrued.

The Respondent refutes the allegation that the Complainant was unfairly dismissed.

At the commencement of the hearing I asked the complainant for an explanation into why he had waited so long before making a complaint. The complaint was received 6½ months after the alleged unfair dismissal.

In reply the complainant stated he was unaware of his rights and it was only after a while that he discovered he could obtain information from Citizen’s Rights. He had to wait for an appointment with Citizens Rights.

I have established that the Citizens Rights website very clearly states:

“You must start your claim for unfair dismissal within 6 months from the date of the dismissal. If you have reasonable cause to delay, you may be allowed to extend this period for up to 12 months from the date of dismissal. However, the reason must be strong and convincing – saying that you did not know the law will not be enough.”

Preliminary Issue.

Section 8 (1) of the Unfair Dismissals Act 1977 (as amended) reads as follows:

8 (1)(a) A claim by an employee against an employer for redress under this Act for unfair dismissal may be referred by the employee to the Director General and, where such a claim is so referred, the Director General shall, subject to section 39 of the Act of 2015, refer the claim to an adjudication officer for adjudication by that officer.

Section 8 (2) reads:

8 (2) A claim for redress under this Act shall be initiated by giving notice in writing (containing such particulars (if any) as may be specified in regulations under section 17 of section 41 of the Act of 2015 to the Director General –

a)      Within the period of 6 months beginning on the date of the relevant dismissal, or

b)      Within such time 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.

Section 27 (2) of the Organisation of Working Time Act, 1997 reads as follows:

(2) An employee or any trade union of which the employee is a member, with the consent of the employee, may present a complaint to a rights commissioner that the employee’s employer has contravened a relevant provision in relation to the employee and, if the employee or such trade union does so, the commissioner shall give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint, shall give a decision in writing in relation to it and shall communicate the decision to the parties.

Section 27 (4) and (5) reads:

(4) A rights commissioner shall not entertain a complaint under this section if it is presented to the commissioner after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

(5) Notwithstanding subsection (4) a rights commissioner may entertain a complaint under this section presented to him or her after the expiration of the period referred to in subsection (4) (but not later than 12 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to reasonable cause.

I found the complainant’s reasons for being late with his complaint to be very unconvincing and certainly do not provide reasonable cause for extension.

Under these circumstances I do not have jurisdiction to hear the complaints as presented.

I found the complainant’s reasons for being late with his complaint to be very unconvincing and certainly do not provide reasonable cause for extension.

Under these circumstances I do not have jurisdiction to hear the complaints as presented.

Unfair Dismissals Act; OWT Act; Time Limits.