Complainant

Respondent

Parties

Holly  Tobin

Ryan’s Pharmacy (Thurles) Limited trading as McCabe's Pharmacy (amended on consent)

Representatives

  Self-Represented

 Fiona O’Connor, TSA Consultants

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012

CA-00052878-001

19/09/2022

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.

An affirmation was administrated to the Complaint and HR Manager gave evidence on behalf of the Respondent, who gave evidence at the hearing in accordance with the Workplace Relations (Miscellaneous Provisions) Act 2021.

Documents relied upon in evidence were submitted by the Complainant in advance as were the submissions from the Respondent. A further document was shared at the hearing.

On consent the Respondent’s name was amended.

Two preliminary points were raised by the Respondent which I propose to address in the first instance; the first related to the timing of the claim and, the second, to the legislation the claim is initiated under.

It was the Complainant’s case that her annual leave requests were refused and instead she was paid for her annual leave.

In response the firstly preliminary objection the Complainant stated she did not realise what her entitlements at the time and it was only after she resigned from her employment that she became aware of the legislation.

As regards the second issue the Complainant stated she may have ticked the wrong box.

The Respondent raised the issue of time where the Complainant resigned her position on 21 October 2021 and the Complainant was not received until 19 September 2022, 11 months later. The Respondent relied on case law and noted that ignorance of the law does not amount to a reasonable cause for an extension of time.

The second preliminary point raised was in relation to the fact this claim was initiated under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012. However, the Respondent runs a pharmacy and the Complainant worked as a Pharmacy Technician. Therefore, the Regulation does not apply. The Respondent objected to any amendment of the Complaint Form.

Preliminary Points

I will first look at the time issue. The Complainant gave evidence that she did resign from her position with effect from 22 October 2021, her complaint related to dates on 16 November 2020, 16 October 2021 and 23 – 27 August 2021. The Complaint Form was received by the Workplace Relations Commission on 19 September 2022. There was no application for an extension of time made.

Regulation 13 (3) provides: A rights commissioner shall not entertain a complaint under this Regulation if it is presented to the commissioner after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates or the date of termination of the contract of employment concerned, whichever is the earlier.

The Organisation of Working Time Act 1997 has a similar expiry period.

It is clear that the dates complained of all fall outside the period of 6 months beginning on the dates of contravention, i.e. 16 November 2020, 16 October 2021 and 23 – 27 August 2021. Consequently, I have no jurisdiction to hear and consider the complaint.

I find the complaint is not well founded.

Not well founded – Time