ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037253
Parties:
| Complainant | Respondent |
Parties | Ibrahim Alissa | Atila Tekbas t/a Atila Turkish Barber |
Representatives | Kamal Vaid Abbott Solicitors LLP | Not present |
Complaint:
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-00048390-001 | 30/01/2022 |
Date of Adjudication Hearing: 19/10/2022
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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 seeks payment for wages which were withheld from him during his employment, payment for annual leave accrued and payment in lieu of notice.
Summary of Complainant’s Case:
The Complainant’s representative submitted that his client was in the employment of the Respondent from 1st February 2019 to 31st January 2020. He was owed a substantial amount of money in wages and from January 2020, the Respondent made many promises to pay. The last communication between the Complainant’s representative and the Respondent was on 8th November 2021. It is argued that the time limits for submission of the complaint should run from then. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Findings and Conclusions:
This complaint was received on 30th January 2022. In accordance with the Complainant’s evidence, his employment with the Respondent ended on 31st January 2020. Section 41 (6) of the Workplace Relations Act 2015 provides: “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. Section 41 (8) provides: “an adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after 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”. As the complaint was submitted two years after the Complainant’s employment ended with the Respondent, I cannot entertain the complaint as provided for in Section 41 of the Workplace Relations Act 2015. |
Decision:
I have decided that this complaint is out of time and therefore is not well founded.
Dated: October 28th 2022
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Payment of Wages. Out of time. Not well founded. |