ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045099
Parties:
| Complainant | Respondent |
Parties | Kelvin Gopaul | Fallon And Byrne |
Complaint(s):
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-00055168-001 | 17/02/2023 |
Date of Adjudication Hearing: 11/10/2023
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following 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.
Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
Background:
The Complainant stated that he did not receive his full pay entitlements from the Respondent over the course of 2020. |
Summary of Complainant’s Case:
The Complainant stated that because the Respondent did not deduct the PAYE/USC/PRSI, he was taxed on the net pay. |
Summary of Respondent’s Case:
The Respondent stated that I did not have jurisdiction to hear this complaint because the complaint was referred to the WRC on 17 February 2023, over two years after the Complainant left his employment on 11 January 2021. |
Findings and Conclusions:
Preliminary Matter: Section 41 of the Workplace Relations Act 2015 further states: - (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.” And further: (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.” As the Complainant did not refer this complaint to the WRC until 17 February 2023, more than 12 months after the alleged contraventions took place, I do not have 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 in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00055168-001: I find that I do not have jurisdiction to hear this complaint for the reasons set out above. |
Dated: 22nd November 2023
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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