ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00032887
Parties:
| Complainant | Respondent |
Parties | Barry Fitzgerald | Ground Investigations Ireland |
| Complainant | Respondent |
Anonymised Parties |
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Representatives | In person |
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Complaint(s):
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-00043272-001 | 26/03/2021 |
Date of Adjudication Hearing: 16/02/2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
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 was employed by the Respondent as a General Operative. Employment commenced on 30th July 2018 and ended on 22nd July 2020. The Complainant was paid a gross weekly wage of €606.12. This complaint was received by the Workplace Relations Commission on 26th March 2021. Preliminary Issue. Section 6 (4) of the Act reads as follows: (4) A rights commissioner shall not entertain a complaint under this section unless it is presented to him within the period of 6 months beginning on the date of the contravention to which the complaint relates or (in a case where a rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within the period aforesaid) such further period not exceeding 6 months as the rights commissioner considers reasonable. The instant complaint was received by the Workplace Relations Commission on 26th March 2021, the cognizable period is the six month period ending on 25th March 2021 i.e. 26th September 2020 to 25th March 2021. The Complainant’s employment ended on 22nd July 2020. Please see Findings and Conclusion below.
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Summary of Complainant’s Case:
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Summary of Respondent’s Case:
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Findings and Conclusions:
Preliminary Issue. The complaint is out of time. No exceptional circumstances exist. The complaint as presented is not well found and therefore fails. |
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.
The complaint as presented is not well found and therefore fails. |
Dated: 2nd June 2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages Act, 1991; out of time. |