ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00044765

Parties:

	Complainant	Respondent
Parties	Stephanie Murphy	Facilicom Cleaning Services UK & Ireland

	Complainant	Respondent
Anonymised Parties	{text}	{text}

Representatives

Self-represented

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00055229-001	20/01/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00055229-002	20/01/2023
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012	CA-00055229-003	20/01/2023
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00055229-004	20/01/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00055229-005	20/01/2023
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00055229-006	20/01/2023
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003	CA-00055229-007	20/01/2023

Date of Adjudication Hearing: 27/07/2023

Workplace Relations Commission Adjudication Officer: Conor Stokes

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 79 of the Employment Equality Acts, 1998 - 2015,following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

At the outset, the complainant submitted that she accepted that all her complaints against the respondent were out of time.

Summary of Complainant’s Case:

The complainant submitted that her complaints were out of time, and she did not wish to pursue matters.

Summary of Respondent’s Case:

Findings and Conclusions:

The complainant submitted that she accepted that all her complaints against the respondent were out of time but that she wanted an out of time decision.

The complainant submitted that she ceased her employment with the respondent by way of Transfer of Undertakings in mid-2021. The complainant lodged her complaints in January 2023.

Section 41(6) & (8) of the Workplace Relations Act govern the presentation of complaints to the WRC and state as follows.

(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.

…

(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 the foregoing, I find that each of the complaints CA-00055229-001 to CA-00055229-007 fall outside of the timeframe envisaged by the Act.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.

Having regard to all the written and oral evidence presented to in relation to these matters, my decision is that these complaints are outside of the timeframe envisaged by the Workplace Relations Act, 2015

Dated: 31/07/2023

Workplace Relations Commission Adjudication Officer: Conor Stokes

Key Words:

Complaints submitted outside of timeframe – conceded by complainant.