ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00051159

Parties:

Complaint:

Date of Adjudication Hearing:  22/04/2024

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 Complaint is that the Respondent deducted monies from the Complainant to make up for a shortfall in till and customer drive offs.

The Complainant was employed by the Respondent for a period of just over three months from 21 October 2021 to 19 January 2022.  She submitted a number of complaints separately dealt with in other Adjudication decisions and recommendations.  This instant complaint was received on 8th April 2024, over two years since her employment ended.  

Findings and Conclusions:

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”.

Section 41 of the Act provides for a maximum time period for receipt of complaints to be twelve months.  As this complaint was received over two years since the complainant’s employment ended, I find I do not have jurisdiction to entertain the complaint and it is out of time.

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.

As it is out of time there is no jurisdiction to entertain the complaint.

Dated: 08/08/2024 

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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