ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053973
Parties:
| Complainant | Respondent |
Parties | Izabella Souza Gomes Lopes | Iniscare Limited |
Representatives | Self | Roberta Urbon, Peninsula Business Services Ireland |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00065843-001 | 07/09/2024 |
Date of Adjudication Hearing: 09/01/2025
Workplace Relations Commission Adjudication Officer: John Harraghy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
The Respondent put the hearing on notice that this complaint was significantly out of time and this matter should be dealt with a preliminary issue.
Background:
The Complainant was employed as a home care assistant. She commenced employment on 15/7/2021 and resigned on 30/12/2021. The Complainant was paid €1,500 per fortnight and worked 40 hours per week. The Complainant sustained an injury on her first day of work and was on sick leave for three months. She is claiming that she was not paid any sick leave pay during this time. She submitted her complaint to the WRC on 09/07/2024. |
Summary of Complainant’s Case:
The Complainant is seeking payment for a period of time she was on sick leave. This commenced on her first day of work and lasted three months. She did not qualify for social welfare payments or any benefits during this time. The Complainant believes that the Respondent should have paid her sick leave. |
Summary of Respondent’s Case:
The Respondent raised a preliminary issue in relation to the jurisdiction of the WRC to hear this complaint. The facts are that the Complainant resigned on 30/12/2021 and submitted her complaint to the WRC on 09/07/2024. This period of time is so significant that the complaint is statute barred for the purposes of the Act and therefore the WRC has no jurisdiction to hear this complaint. The Respondent refers to the decision in Ryanair DAC Ryanair and Jarosalv Strand UD/18/149 which held that in that case the referral of a complaint one day after the limitation period specified was therefore out of time and if the substantive complaint was to be heard the Complainant must first demonstrate to the satisfaction of the Court that there was reasonable cause which prevented the giving of notice within time. The Complainant has not provided any explanation for the delay in submitting her complaint. |
Findings and Conclusions:
The Respondent has raised a preliminary point in relation to the jurisdiction of the WRC to hear this complaint. Section 41(6) of the Workplace Relations Act (2015) states: “Subject to subsection (8), and adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates”. Section 41(8) of the Workplace Relations Act (2015) also states: “An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause”. The facts of this case are that the Complainant resigned on 30/12/2021 and submitted her complaint to the WRC on 09/07/2024. That is a period of two years, six months and nine days. It is clear that the complaint in this case falls not only outside a period of six months but also the twelve-month extension period. Consequently, I have no jurisdiction to hear and consider this complaint. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00065843-001: Complaint seeking adjudication by the WRC under Sick Leave Act, 2022. I have decided that I have no jurisdiction to hear and consider this complaint. |
Dated: 27th of January 2025.
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Time limit. Jurisdiction. |