ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00038785
Parties:
| Complainant | Respondent |
Parties | Adam O'Neill | Malahide Play Centre |
Representatives | In person. | Thomas Ryan Peninsula |
Complaint(s):
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-00049637-001 | 12/04/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00049637-002 | 12/04/2022 |
Date of Adjudication Hearing: 28/10/2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed by the Respondent from 29th April 2015 until 31st March 2020. He was employed as a Supervisor in a childcare facility. This complaint was received by the Workplace Relations Commission on 12th April 2022. |
Preliminary issue raised by the Respondent.
The Respondent raised an objection against hearing the complaint. This objection was based on time limits contained in the Unfair Dismissals Act, 1977 and the Redundancy Payments Act, 1967. The Respondent argued that if the Adjudication Officer decided that there was a Reasonable Cause for extending the time limits the complaints were still outside the maximum possible extension permitted by law.
Summary of Complainant’s Case:
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Summary of Respondent’s Case:
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Findings and Conclusions:
CA – 00049637 – 001 – complaint submitted under Section 8 of the Unfair Dismissals Act 1977 (as amended). Section 8 (2) of the Act of 1977 (as amended) reads as follows: 8(2) A claim for redress under this Act shall be initiated by giving a notice in writing (containing such particulars (if any) as may be specified in regulations under subsection 17 of section 41 of the Workplace Relations Act, 2015 to the Director General: (a) Within the period of 6 months beginning on the date of the relevant dismissal, or (b) Within such period not exceeding 12 months from the date of the relevant dismissal as the adjudication office 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…. In the instant case the complaint was received by the Workplace Relations Act on 12th April 2022. The date of dismissal as per complaint form was 31st March 2020, just over two years before the complaint was received. As per section 8 (as amended) I have no legal jurisdiction to hear the complaint. CA – 00049637 – 002 – complaint submitted under section 39 of the Redundancy Payments Act, 1967. Section 24 of the Act (as amended) reads as follows: 24 (1) Notwithstanding any other provision of this Act, an employee shall not be entitled to a lump sum unless before the end of the period of 52 weeks beginning on the date of dismissal or the date of termination of employment – (a) the payment has been agreed and paid, or (b) the employee has made a claim for the payment by notice in writing given to the employer, or © a question as to the right of the employee to the payment, or as to the amount of the payment, has been referred to the Director General under section 39. 24. (2A) Where an employee who fails to make a claim for a lump sum within the period of 52 weeks mentioned in subsection (1) (as amended) makes such a claim before the end of the period of 104 weeks beginning on the date of the dismissal or the date of termination of employment, the adjudication officer, if he is satisfied that the employee would have been entitled to the lump sum and that the failure was due to a reasonable cause, may declare the employee to be entitled to the lump sum and the employee shall thereupon become so entitled. In the instant case the complaint was received by the Workplace Relations Act on 12th April 2022. The date of dismissal as per complaint form was 31st March 2020, just over two years before the complaint was received. I have no legal jurisdiction to hear this complaint. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Both complaints were made to the Workplace Relations Commission after the expiration of the legal time limits. I have no legal jurisdiction to hear the complaints. |
Dated: 30th November 2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Time Limits |