PWD2443

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00043177 (CA-00053245-001)

BACKGROUND:

This is an appeal of an Adjudication Officer’s Decision made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 13 June 2024 in accordance with Section 44 of the Workplace Relations Act, 2015.  The following is the Court's Decision:

DECISION:

Background to the Appeal

This is an appeal by Mr John Paul O’Brien (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00043177, dated 18 December 2023) under the Payment of Wages Act 1991 (‘the Act’). The Adjudication Officer decided that the complaint was not well-founded. Notice of Appeal was received in the Court on 5 January 2024. The Court heard the appeal in Cork on 11 June 2024.

Factual Background

The Complainant was employed by Alcon Laboratories Ireland Limited (‘the Respondent’) from 7 July 2011 up until his resignation on 9 September 2022, in a variety of different roles. He was initially employed in an hourly paid role but then moved to a salaried role.

The Complainant’s originating complaint under the Act was received by the Workplace Relations Commission on 13 October 2022. He specified his complaint under the Act as follows: “My employer has not paid me or has paid me less than the amount due”. He further identified that the payment in question was due to be paid on 4 March 2021.

Discussion and Decision

As the originating complaint was received by the Workplace Relations Commission on 13 October 2022, the relevant cognisable period is 14 April 2022 to 13 October 2022. That period could be extended back for up to a further six months (i.e. until 14 October 2021) if the Complainant was in a position to establish reasonable cause for his delay in initiating his complaint.

Such an extension would not avail the Complainant in this case in circumstances where he identified the date of the alleged non-payment or underpayment as having occurred on 4 March 2021.

For the foregoing reasons, the decision of the Adjudication Officer is upheld and the appeal fails.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
CN	______________________
9th July 2024	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Cathal Nerney, Court Secretary.