Complainant

Respondent

Parties

Paul  Kealy

Ricoh Ireland Limited

Representatives

  In person.

Niamh Ní Cheallaigh, Ibec.

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-00044326-001

25/05/2021

The Complainant was employed by the Respondent from 15th October 2012 to 30th July 2021.

This complaint relates to an outstanding commission payment the Complainant contends that he is owed by the Respondent.

This complaint was received by the Workplace Relations Commission on 25th May 2021.

Prior to the Complainant providing a summary of his complaint the Respondent raised a preliminary issue, the Respondent contended that the Complainant had failed to submit his complaint within the specified time limits and had also failed to provide any reasonable cause that would permit the extension of the time limit from 6 months to 12 months.

The Respondent has very strongly pointed out that section of Section 41(6) of the Workplace Relations Act 2015 are clear and unambiguous as to the requirement for a Complainant to present a claim within six months beginning at the date of the contravention to which the complaint relates at Section 6 as follows:

“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.”

An extension may be granted by an Adjudication Officer up to a maximum of 12 months where, in the opinion of the Adjudication Officer, the Complainant has demonstrated reasonable cause for the delay. This is set out clearly in Workplace Relations Act 2015, at Section 41(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”.

The Complainant presented no meritorious argument that would justify the extension of time to 12 months.

The complaint as presented is out of time and therefore I have to find the complaint as not well founded.

The complaint as presented is not well founded.