FULL RECOMMENDATION
PW/23/40
ADJ-00040449 CA-00051751-002 | DETERMINATION NO. PWD2317 |
SECTION 7(1), PAYMENT OF WAGES ACT, 1991
PARTIES:O'DONNELL COACH HIRE LIMITED
(REPRESENTED BY SIMON GILLESPIE B.L., INSTRUCTED BY GALLAGHER BRENNAN & PONSONBY SOLICITORS)
- AND -
RAYMOND MCDONALD
DIVISION:
| Chairman: | Mr Foley | | Employer Member: | Mr O'Brien | | Worker Member: | Mr Bell |
SUBJECT:
1.Appeal Of Adjudication Officer Decision No(S)ADJ-00040449 CA-00051751-002
BACKGROUND:
2.The Worker appealed the Adjudication Officer’s Decision to the Labour Court under Section 7(1) of the Payment of Wages Act, 1991 . The appeal was heard by the Labour Court on 27 July 2023 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination:
DETERMINATION:
This matter comes before the Court as an appeal by Raymond McDonald (the Appellant) of a decision of an Adjudication Officer made in respect of his complaint made under the Payment of Wages Act, 1991 (the Act) against his former employer, O’Donnell Coach Hire Limited (the Respondent). The Appellant’s employment terminated in August 2019. The complaint under the Act was made to the Workplace Relations Commission on 15thJuly 2022. The Appellant submits that he was made redundant at the end of August 2019. He made no submission that an unlawful deduction had been made from his wages at any material time or at all. The Respondent submits that the Appellant resigned his employment and that no deduction had been made at any material time or at all from wages which were properly payable to him. The Adjudication Officer decided that the complaint of the Appellant was, having regard to applicable statutory time limits, out of time.
Discussion and conclusion. The Workplace Relations Act, 2015 (the Act of 2015) at Section 41 makes provision in relevant part as follows: - 41(6) 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.
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.
Having regard to these provisions, it is clear that the maximum possible statutory time limit for making a complaint under the Act to the Workplace Relations Commission is 12 months after the date of alleged breach of the Act. The within complaint was not made until almost three years after the termination of the employment which is the latest possible date of breach of the Act. These underlying facts are not in dispute.The Court concludes that, having regard to the Act of 2015 at section 41 the within complaint is out of time. The Court therefore concludes that, by operation of the law, the within complaint is, having regard to applicable statutory time limits, out of time and that the within appeal must fail.
Decision The Court decides that the within complaint is out of time and that the appeal must fail. The decision of the Adjudication Officer is affirmed. The Court so decides.
 | Signed on behalf of the Labour Court | | | | Kevin Foley | | CC | ______________________ | | 02 August 2023 | Chairman |
NOTE
Enquiries concerning this Determination should be addressed to Ceola Cronin, Court Secretary. | 
