Complainant

Respondent

Parties

Sudie  Magezi

Praxis Care

Representatives

Mr Frank Sherwin

Tiernan Lowey BL instructed by Matthew Bennett, Arag Legal Protection 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-00041339-001

30/11/2020

The Complainant was employed by the Respondent as a Care Assistant, his employment commenced on 1st March 2019 and ended on 30th April 2020.

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

Preliminary issue.

Representative offered an explanation that both the complainant and himself were very busy around the time of the dismissal and that on top of the current Covid pandemic prevented the complaint being submitted to the WRC within the time frame allowed by the Act.

Preliminary Objection.

The dismissal date for the purposes of section 8 of the Unfair Dismissals Acts is 16 April 2020. This is the date on which the Complainant was issued his letter of dismissal. It is noted that the Complainant refers on his WRC complaint form to 30 April 2020 as his dismissal date.

The Complainant’s WRC complaint form was lodged on 30 November 2020. On either suggested dismissal date, the Complainant’s claim is out of time.

No application is made by or on behalf of the Complainant in relation to extending the time for the lodgement of a complaint under the Unfair Dismissals Acts, 1977-2015 (the “Acts”).

In the premises, the Respondent respectfully submits that the Adjudication Officer herein does not have jurisdiction to hear the complaint

Preliminary Issue.

Section 8 (1) of the Act 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.

I have considered the explanation offered by the representative of the complainant and do not considered that it meets the criteria of reasonable cause.

I have no jurisdiction to hear the complaint as submitted under the Unfair Dismissals Act, 1977.

As the complaint was not received within the timeframe allowed by the Act there is no jurisdiction to hear the complaint.