Adjudication Reference: ADJ-00052796
Parties:
| Complainant | Respondent |
Parties | Jonas Vysniauskas | Tracqtrans Logistics Ltd |
| Complainant | Respondent |
Representatives | Self-Represented | Mr W. Parkes, Solicitor of Warren Parkes Solicitors |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00059185-001 | 01/10/2023 |
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-00059185-003 | 01/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00064535-003 | 03/07/2024 |
Date of Adjudication Hearing: 25/10/2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015: Section 8 of the Unfair Dismissals Act, 1977; 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 and the Sick leave Act,2022 following the referral of the complaint 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Oath / Affirmation was administered to all witnesses present. The legal peril of committing Perjury was explained to all parties.
No issue regarding confidentiality arose.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
Allied Dispute
These complaints (CA--0000059185-001, 003 and CA- 00064535-003) were heard.
Background:
The Complainant was employed as a HGV Delivery Driver from August 2006 to date. A disputed employment end date of the 27/09/2023 was stated but was vigorously contested by the Respondent who maintained that the Complainant was still employed at the Company. The Unfair Dismissal complaint was supported by Complaints under the provision of S.I. No. 36/2012 /Mobile Road Transport Regulations and a Complaint under the Sick Leave Act of 2022.
The Complainant strongly held that he had been unfairly treated in relation to payments for a Sick absence period following an accident in November in 2022.
The rate of pay was stated to have been €720 for a 40-hour week.
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Opening Legal Point -Time Limits
Respondent Arguments.
The Complaint based his case largely around an incident, a workplace accident, on the 18th of November 2022 with a Return-to-Work Date of the 12th March 2023. The Complaints were lodged at the WRC on the 1st October 2023 (Unfair Dismissal, Mobile Road Transport and Terms & Conditions of Employment) and Sick Pay on the 3rd of July 2024
In the first instance allowing the Return-to-Work date of the 12th March 2023 as the instance of complaint the time period is 6 months and 19 days to the WRC date of the 1st October 2023 and the second date (3rd July 2024) was over one year and nearly four months from the 12th March 2023.
Section 41(6) of the Workplace Relations Act, 2015 allows for a six-month complaint referral date with a possible extension for “reasonable Grounds” to 12 months (Section 41(8) for the referral of complaints. The Act does not allow for any exceptions beyond the 12-month rule and extensions from 6 to 12 months have to be for “Reasonable cause”.
The Respondent quoted from the landmark case -Cementation Skanska V Carroll, DWT0338 in support of the time limits arguments.
Complainant Arguments
The Complainant argued that he was largely unfamiliar with the Legal requirements and had relied on advice. He had been a very loyal employee and felt very aggrieved by the refusal to pay the outstanding two months sick leave that he had been promised.
Adjudication View.
While no observer could doubt the sincerity of the Complainant in his oral testimony it remained that the Complaints were well out of time. No “reasonable cause” was advance to justify then granting of an extension from six months Workplace Relations Act, 2015 Section 41(6) to 12 months as per Section 41(8).
In addition, and in relation to the Sick Pay claim of the 3rd July 2024 (WRC referral date) it was in excess of 12 months and as such automatically out of time.
Accordingly, it has to follow that the Complaints are Out of Time and cannot proceed. The Adjudication Officer does not have proper jurisdiction.
2: Findings and Conclusions:
The complaints are Legally Out of Time and cannot proceed |
3: Decision:
Section 41 of the Workplace Relations Act 2015, Section 8 of the Unfair Dismissals Act, 1977; 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 and the Sick leave Act,2022 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
3:1 Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977
CA-00059185-001
The Complaint is Legally Out of Time and cannot proceed.
3:2 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-00059185-003
The Complaint is Legally Out of Time and cannot proceed.
3:3 Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022
CA-00064535-003
The Complaint is Legally Out of Time and cannot proceed.
Dated: 10/12/2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Time Limits, Unfair Dismissal, Sick Leave Act. |