ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050377
Parties:
| Complainant | Respondent |
Parties | Paul McDonnell | Bus Eireann |
Representatives | Michael Corkish NRBU | John Sheridan, Bus Eireann |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00061396-001 | 31/01/2024 |
Date of Adjudication Hearing: 15/05/2024
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020 which designated the WRC as a body empowered to hold remote hearings. Witnesses were sworn in at the commencement of the hearing.
Summary of Complainant’s Case:
The complainant states that he commenced with the respondent as a school bus driver and progressed to road passenger work after 2/3 months. His claim is that he did not receive his full entitlement to annual leave in the years 2008 up to 2011. |
Summary of Respondent’s Case:
The respondent states that the complainant’s claim is based on some 52 days annual leave that he believes he is owed from a period between April 2008 and June 2011. Preliminary Issues The respondent asserts that the matter has already been adjudicated by the WRC in ADJ 00031819 wherein the complaint made is precisely the same as the within complaint. Secondly, the respondent states that the complainant’s claim relates to annual leave between April 2008 and June 2011 and for annual leave arising between 2014 and 2023. The respondent states that the provisions of Section 27 of the Organisation of Working Time Act restrict a claim to any contravention arising from a maximum of 12 months which means that based on the date of the claim was lodged, only the 2023 year should be considered. |
Findings and Conclusions:
I find that the within complaint has already been adjudicated upon by the WRC in ADJ 00031819. In those circumstances, I find that I have no jurisdiction to hear the claim. |
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.
I find I have no jurisdiction in the within complaint as the matter has already been adjudicated upon in ADJ 00031819. |
Dated: 4th June 2024
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Organisation of Working Time Act |