Adjudication Reference: ADJ-00052826
Parties:
| Complainant | Respondent |
Parties | Damian Kirwan | An Garda Síochána |
Representatives | Self-represented | Mr Stephen Hanaphy |
Complaint:
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-00063836-001 | 29/05/2024 |
Date of Adjudication Hearing: 16/10/2024
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with section 41 of the Workplace Relations Act 2015, this complaint was assigned to me by the Director General. The hearing opened on October 16th 2024, for the parties to be heard and to present evidence relevant to the complaint. The complainant, Mr Damian Kirwan, represented himself. He was accompanied by his wife, Ms Noreen Kirwan. An Garda Síochána was represented by Mr Stephen Hanaphy BL, instructed by Mr Bryan McNamara of the Office of the Chief State Solicitor. Also in attendance was Mr Rory Mannion from An Garda Síochána’s Legal Section, Ms Eavan Doyle from the HR Directorate and Superintendent Brian Hoey from the Internal Affairs Unit.
Preliminary Issue, Time Limit for Submitting a Complaint:
Mr Kirwan joined An Garda Síochána (“AGS”) in April 1992. Up to the date of his retirement on December 9th 2022, he served in a number of Garda stations across the Dublin Metropolitan Region. At various times, he was assigned to AGS’s human resources and internal affairs divisions. When he resigned, he was a sergeant attached to Sundrive Road Garda Station in Dublin. Mr Kirwan’s complaint concerns his loss of earnings due to his suspension from duty on May 4th 2021, arising from an allegation of assault by a juvenile criminal. Mr Kirwan complains that AGS breached certain provisions of the Organisation of Working Time Act 1997 (“the OWT Act”), related to his suspension between May 4th 2021 until his retirement on December 9th 2022. In accordance with s.41(6) of the Workplace Relations Act 2015 (“the 2015 Act”), I have authority to consider a complaint related to a contravention of the OWT Act that occurred in the six months before the complaint was submitted to the WRC. Mr Kirwan’s employment with AGS ceased when he retired on December 9th 2022, and the “opportunity” for any breach of the OWT Act ended on that date. As he submitted this complaint on May 29th 2024, it is apparent that it has been submitted outside the six-month time limit which is set out at s.41(6) of the 2015 Act. At s.41(8) of the 2015 Act, there is a provision to extend the time limit of six months to 12 months, “if the failure to present the complaint…was due to reasonable cause.” An extension of the time limit from six to 12 months means that I have jurisdiction to consider a complaint that may have occurred between May 30th 2023 and May 29th 2024. As Mr Kirwan retired on December 9th 2022, it is apparent that his complaint has been submitted outside the extended time limit. For this reason, I have no power to adjudicate on his complaint. |
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 decide that I have no jurisdiction to adjudicate on this complaint because it has been submitted outside the time limit prescribed at section 41(6) of the Workplace Relations Act 2015. |
Dated: 07/02/2025
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Time limit for submitting a complaint. |