Complainant

Respondent

Parties

Brian  Murphy

Cpl Healthcare

Representatives

Mark Comerford  of IBEC

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00064375-001

28/06/2024

The Complainant worked for the Respondent during the Covid-19 pandemic for a little over a year, between spring 2020 and Summer 2021.The Complainant dealt with emergency calls on behalf of a HSE organisation. 

In 2023 the Government had rolled out the pandemic recognition payment. This payment was made to HSE staff working alongside the Complainant.

The Complainant argues he was not given this payment and should have been. His application was rejected in July 2023.  He first took a case against the HSE under both the Payment of Wages Act and the Protection of Employees (Temporary Agency Work) Act.  Both the WRC and Labour Court rejected this case on the basis the HSE was not his employer.

After the Labour Court decision issued the Complainant submitted this payment of wages act case against his former employer.

The Complainant made detailed oral and written submissions.

The Complainant submits he was treated differently than HSE employees and that this was contrary the Protection of Employees (Temporary Agency Work) Act.

The Respondent made detailed oral and written submissions.

The covid 19 pandemic payment was not their scheme. It was a government policy funded by the government. Where employees satisfied the criteria the KOSI Corporation Ltd paid them €1000 and they paid it on to the employee. The Complainant did not satisfy the conditions of the scheme so it was not paid to him. The Respondent is of the position that the HSE staff he worked alongside likely didn’t satisfy the conditions of the scheme either and were paid by mistake.

The Respondent has made a preliminary application on the issue of time limits. The Complainant has cited two potential dates for the alleged contravention of the act. The first was the 7th of July 2023. The second was the 23rd of October 2023 when the KOSI Corporation issued their definitive position that he would not be paid.

The Complainant submitted his complaint in this matter on the 28th of June 2024. This was eight months and five days after the alleged contravention. This was over the six month time limit laid out in Subsection 6 of Section 41 of the Workplace Relations Act. Subsection 8 allows me to extend the time limit for a further six months for reasonable cause. The Complainant has sought an extension on the basis that he submitted a complaint as soon as the Labour Court decision on which entity he should bring the case had issued.

The Respondent has opposed the application citing the Labour Court decision in Cementation Skanska v Carroll DWT 38/2003 and the High Court decision in Minister for Finance v CPSU and Others.

While I have some sympathy for the Complainant’s position in navigating a complex and technical case unrepresented, I note that the initial WRC decision noting that the HSE was not the appropriate Respondent issued on the 27th of February 2024. This was within the six month time limit outlined above. As such it is clear the Complainant was on notice of the issue from that date and his delay in issuing this complaint until after the Labour Court decision was not a reasonable cause for delay.    

In the circumstances I determine that I do not have jurisdiction to hear the complaint.

The complaint is not well founded.