ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00043705

Parties:

Complaint:

Date of Adjudication Hearing:  03/12/2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015  and/or Section 8 of the Unfair Dismissals Acts, 1977 - 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. The matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.

Background:

The Complainant contends he was unfairly dismissed following a baseless investigation.  He left his employment due to the untenable situation he was in following the investigation which was dropped.

Summary of Respondent’s Case:

Preliminary Issue – claim is statute barred

The complainant’s employment with the Respondent ended on 26th of April 2022 by reason of his Resignation.

The Complaint was submitted to the Workplace Relations Commission on 1st of December 2022. 

The Complaint was submitted after the six-month time limit for lodging a claim to the WRC and is therefore statute barred.

Under Section 41(8) of the Workplace Relations Act 2015, the statutory time limit for submitting a complaint can be extended, but only if the complainant can demonstrate reasonable cause for the delay. In this case, the Complainant had not put forward any evidence that he sought nor was an extension granted under the provision that allows for a 12-month extension if reasonable cause is demonstrated, as required by Section 41(8) of the Act.

The Commission has accordingly written to the Complainant advising that they may extend the 6-month Statutory timeline should the Complainant be able to demonstrate that the failure to comply with the 6-month Statutory timeline occurred as a result of reasonable cause.

To date the Complainant has not submitted any evidence to show that the delay was due to reasonable cause.

Given that the Complainant’s claim was submitted after this statutory deadline, the Respondent respectfully submits that the Adjudication Officer dismiss the claim on the basis that it is statute barred and therefore cannot proceed.

In N. Hakan Erdogan v Workplace Relations Commission [2021] IEHC 348, the High Court addressed the issue of time limits in employment claims. The Court upheld the WRC’s decision to dismiss the applicant’s complaint as out of time, having been filed beyond the statutory six-month limit. Notwithstanding and without prejudice to the above, the Respondent strongly denies that the Complainant was constructively dismissed.

Summary of Complainant’s Case:

The Complainant expressed his dissatisfaction at the length of time it took for his complaint to be heard.  In response to a question from the Adjudication Officer, he stated he had no recollection of receiving a letter from WRC dated 1 February telling him his complaint was out of time.                        He left the employment on 26 April 2022; he submitted his complaint to WRC on 1 December 2022 and now almost 2 years later it is being heard.   He could offer no explanation as to why he did not submit his complaint within 6 months of leaving the employment.

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”.

This complaint was received on 1 December 2022.  The employment of the Complainant ended on 26 April 2022.  As it was presented after the expiration of the period of 6 months from the date of the termination of his employment, and as no reasonable cause was presented to extend the time, I find this complaint is out of time and is not well founded.

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.

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

Based on the reasoning above, I have decided that the complaint is out of time and is not well founded.

Dated:   19-12-24

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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