ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00045870

	Complainant	Respondent
Anonymised Parties	A Beauty Therapist	A Beauty Clinic

Representatives

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00055764-001	22/03/2023
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00055764-002	22/03/2023
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00055764-003	22/03/2023
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00055764-004	22/03/2023
Complaint seeking adjudication by the Workplace Relations Commission under Section 18A of the Organisation of Working Time Act, 1997	CA-00055764-005	22/03/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00055764-006	22/03/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00055764-009	22/03/2023
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00055764-010	22/03/2023
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00055764-011	22/03/2023
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00055764-012	22/03/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00055764-013	22/03/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00055764-014	22/03/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00055764-015	22/03/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00055764-016	22/03/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00055764-017	22/03/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00055764-018	22/03/2023

Date of Adjudication Hearing: 18/10/2023

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaints 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.

The complaints were heard in conjunction with an additional dispute referred by the Complainant under the Industrial Relations Act, 1969, which was considered under a separate ADJ 48998. Given the significant overlap between these cases, and as the parties in that recommendation were anonymised, I also decided to anonymise the parties to these complaints.

Background:

The Worker commenced her employment as a Beauty Therapist with the Employer on 4 August 2022. She made several complaints to the WRC against her former employer alleging that her employment rights had been breached and also that her dismissal on 17 August 2022 was discriminatory.

Summary of Complainant’s Case:

Summary of Respondent’s Case:

The Respondent stated that the Complainant had been appropriately paid for all of the hours that she worked and that her employment rights were not breached in any respect. They also stated that her dismissal was not discriminatory and that her employment was terminated because she was unsuitable.

Findings and Conclusions:

The Law

Section 41 of the Workplace Relations Act 2015 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

(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.

Findings:

The Complainant referred her complaints under the Acts to the Workplace Relations Commission on 22 March 2023, which was outside of the six-month period prescribed by the legislation, given that her employment with the Respondent terminated on 17 August 2022.

The only reason submitted by the Complainant for the delay in referring her complaints under the Acts was that she had a medical procedure in Blackrock Clinic in March 2022, which was also outside of the six-month period stipulated in the Act. I do not accept therefore that there were reasonable grounds as to why the complaints were not presented in 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.

Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.

CA-00055764-001 - CA-00055764-006 and CA-00055764-008 and CA-00055764-009:

I find that I do not have jurisdiction to hear these complaints for the reason set out above.

Dated: 29/02/2024

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

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