MND2313

Appeal of Adjudication Officer Decision No's: ADJ-00037162 (CA-00048479-002)

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 23 January 2023 in accordance with Section 44 of the Workplace Relations Act, 2015. A Labour Court hearing took place on 8 November 2023. The following is the Decision of the Court:

DECISION:

This case was scheduled for hearing on 7th July 2023. Prior to opening the hearing, the Court asked the Complainant’s representative to confirm the date the employment ended. The representative stated that as recorded on the WRC complaint form it was their submission that the employment terminated on the 19th August 2021.  The hearing was adjourned to allow the parties make further submissions on this preliminary issue and reconvened on 8th November 2023.

 Summary of Complainant’s submission on the preliminary issues.

 The Representative for the Complainant accepted that the date of dismissal was 22nd July 2021 and that the Complainant had been dismissed without notice. The representative stated that for the purpose of completing the complaint form they had added the statutory notice period to the dismissal date giving a final date of 19th August 2021.

 The Chairman explained that the Unfair Dismissals Acts 1977 provides that in a situation where the statutory notice of dismissal was not provided, the date of dismissal is taken to be the date that the statutory notice would have expired. However, no such provision is contained in the Minimum Notice and Terms of Employment Act 1973. Therefore, as the Complainant stated he did not receive his statutory notice his employment must have ended on 23rd July 2021.   The complaint was submitted on 4th February 2020 therefore the cognisable period is 5th August 2019 to 4th February 2020 and the Court can only, consider a breach within that timeframe.

The Complainant’s representative submitted that the Court should use its discretion under the Act to extend the time limit for the making of the complaint for reasonable cause. They submitted that the length of delay was short and arose from the fact that they thought that the notice period could be added to the date of dismissal which would bring the complaint in time.

Summary of Respondents submission on the preliminary issues.

The representative for the Respondent submitted that the date of dismissal was 23rd of July 2021.

 In respect of the Complainant’s application that the Court grant an extension of time to bring the complaint within the time limits, Section 41 (8) of the WRC Act 2015 gives jurisdiction to an Adjudication Officer to extend time but does not mention the Labour Court.

 It is the Respondents submission that the section cited above, does not give jurisdiction to the Labour Court to extend the time limits for submission of a complaint in circumstances, where that issue has not been addressed at first instance.

Relevant law.

 Section 41 of the Workplace Relations Act 2015 states

 Section 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.

Section (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.

 And at section 44 (1)

(a) A party to proceedings under section 41 may appeal a decision of an adjudication officergiven in those proceedings to the Labour Court and, where the party does so, the Labour Court shall—

(i) give the parties to the appeal an opportunity to be heard by it and to present to it any evidence relevant to the appeal,

(ii) make a decision in relation to the appeal in accordance with the relevant redress provision, and

(iii) give the parties to the appeal a copy of that decision in writing.

Discussion.

 The legislation at section 41(8) provides for an Adjudication Officer to entertain a complaint after the expiration of the six-month period. No similar provision is made in respect of the Labour Court whose role in the legislation is to hear an appeal of an Adjudication Officer’s decision. In the case to hand there is no Adjudication officer ‘s decision in respect of an application for an extension of time.

Taking the parties submissions and the legislation into consideration, the Court determines that it does not have jurisdiction to extend the time limits in circumstances where this issue has not been heard at first instance and no decision from an Adjudication Officer on this matter has issued.

Taking all of the above into accounts the Court determines that the complaint was out of time and that the Complainant has failed to identify a breach of the Act within the cognisable period.

Determination.

The Court determines the Complainant has not identified a breach of the Act within the cognisable period. The date of dismissal was 22nd July 2021, and the complaint was made outside of the time limits. The decision of the Adjudication Officer is upheld.

 The Court so determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
CC	______________________
20 December 2023	Deputy Chairman