Complainant

Respondent

Parties

Anthony Thomas  O'Brien

Tallaght University Hospital

Representatives

  Self

Adrian Norton IBEC

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-00065640-001

25/08/2024

The Complainant was employed by the Respondent as a Fire Safety Officer from 03/02/2003.  He retired on 05/02/2023. The Complainant believes that he was entitled to additional remuneration for undertaking Chemical Training duties and the Respondent funded him to do a Masters level programme in relation to this.  The Complainant did not receive any additional payments.

The Respondent submits that as the Complainant submitted his complaint to the WRC on 24/08/2024 this complaint is outside of the statutory time frame.

The Complainant submitted a vast amount of documentation in relation to his complaint. It is the Complainant’s position that when he took on the additional duties in relation to Chemical Training he should have received additional remuneration.  He tried to have this sorted and felt that various managers were supportive of his position.

The Complainant experienced a number of health issues for a period of two years prior to his retirement.  He took retirement earlier than planned and had hoped that this matter would have been resolved.  He submitted his complaint to the WRC on 28/08/2024.  The Complainant believes that his complaint should be heard as he had tried to have this resolved locally but to no avail.  The Complainant stated that this was the reason for his delay in submitting his complaint.

The Respondent’s representative raised a preliminary point in relation to the time frame.  It was submitted on behalf of the Respondent that the Complainant submitted his complaint to the WRC just over 18 months after his retirement.  This is manifestly outside the time frame outlined in the legislation and the Adjudication Officer does not have jurisdiction to hear the complaint.

The relevant section in the Terms of Employment (Information) Act, 1994, Section 7(3) stated:

“A rights commissioner shall not entertain a complaint under this section if it is presented to the commissioner after a period of 6 months beginning on the date of the termination of the employment concerned”.

Section 7(3) of Terms of Employment (Information) Act, 1994 has been repealed by Section 41(8) of the Workplace Relations Act, 2015.  Section 41(8) of this Act still provided that this 6-month time limit should apply in all circumstances and that it can only be extended due to “reasonable cause”.

“41(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.

This complaint is clearly out of time and is therefore statute barred.

In this case it is accepted that the Complainant submitted his complaint to the WRC on 25/08/2024. There was no application for an extension of time made at that time.  This was a period of 18 months and 19 days after his resignation which took place on 02/06/2023. The Respondent submits that the complaints are statute barred for the purposes of the Acts.  In contesting that application, the Complainant raised a number of points which he believes should allow his complaint to be heard.  He believes that he was continually trying to have the matter resolved by engaging with the Respondent and he was not aware that there was a time limit which would preclude him.  He was not advised of this by the Respondent.  The Complainant believes that he was promised this remuneration but it was never implemented.

The Law:

The Complainant has submitted an employment rights complaint seeking adjudication by the WRC under section 7 of the Terms of Employment (Information)Act, 1994

Section 41 (6) and (8) of the Workplace Relations Act, 2015 states 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”.

It is clear that the complaint in this case falls not only outside a period of six months but also the twelve-month extension period.  Consequently, I have no jurisdiction to hear and consider this complaint.

CA-00065640-001: Complaint seeking adjudication by the WRC under section 7 of the Terms of Employment (Information) Act, 1994.  I have decided that I have no jurisdiction to hear and consider this complaint.

Jurisdiction.  Time frame.