ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048166
Parties:
| Complainant | Respondent |
Parties | Grace Broderick | Tesco Ireland |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
| Niamh Ní Cheallaigh, IBEC |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00059153-001 | 30/09/2023 |
Date of Adjudication Hearing: 28/03/2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, 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.
Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
The Complainant attended the hearing on her own. A number of witnesses from the Respondent were in attendance along with their representative.
Background:
The Complainant commenced her employment with the Respondent on 2 November 2002. She was employed as a Line Manager and stated that she was constructively dismissed on 30 June 2022. |
Summary of Complainant’s Case:
The Complainant stated in her complaint form that she was constructively dismissed on 30 June 2022. |
Summary of Respondent’s Case:
The Respondent stated that I did not have jurisdiction to hear the complaint because it had been referred to the WRC more than 12 months after the Complainant ended her employment. |
Findings and Conclusions:
The Law Section 8(2) of the Act provides as follows:- (2) A claim for redress under this Act shall be initiated by giving a notice in writing (containing such particulars (if any) as may be specified in regulations under subsection (17) of section 41 of the Act of 2015 to the Director General— (a) within the period of 6 months beginning on the date of the relevant dismissal, or (b) within such period not exceeding 12 months from the date of the relevant dismissal as the adjudication officer considers appropriate, in circumstances where the adjudication officer is satisfied that the giving of the notice within the period referred to in paragraph (a) was prevented due to reasonable cause” Findings: Given that the Complainant’s employment ended on 30 June 2022 and that she did not submit her complaint to the WRC until 30 September 2023, more than 12 months after her employment ended, I do not have jurisdiction to hear the complaint under the Act. |
Decision:
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
I do not have jurisdiction to hear the complaint under the Act for the reason set out above. |
Dated: 7th of May 2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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