Complainant

Respondent

Anonymised Parties

Legal Secretary

Firm of Solicitors

Representatives

Edel Fitzpatrick BL

Conor Hannaway SHRC Limited

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998

CA-00058036-001 DUPLICATE

02/08/2023

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00058036-002

02/08/2023

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

CA-00058036-003

02/08/2023

The Complainant was employed as a legal secretary with the Respondent firm from 18 September 2018 until she left the employment in late 2021. She worked 21 hours per week on a gross monthly salary of €1092.00, net €1060. The Complainant submits the Respondent discriminated against her under the Employment Equality Acts 1998-2015 (the 1998 Act). That she was constructively dismissed under the Unfair Dismissals Act 1997, as amended, (the 1977 Act) and that she was owed €1800 in unpaid wages under the Payment of Wages Act 1991.

The Respondent submits that the complaints were submitted nearly two years since the Complainant was employed by the Respondent and should be ruled out of time by the Workplace Relations Commission (WRC).

 Equality Complaint – CA-00058036-001.

 This complaint, received by the WRC on 2nd August 2023 is based on the same issues as those set in Complaint - CA-00049048 (ADJ-00037691). The Respondent submits it is more than two years after the events to which it refers. It is a duplication of the former complaint. The Respondent contends that no explanation is provided for the resubmission of this complaint other than to seek to introduce two further complaints, based on the same issues, long after the time limit for bringing such complaints had expired.

 Unfair Dismissals Claim – CA-00058036-002:

The complaint form was received by the WRC on 2 August 2023 in relation to an unfair dismissal complaint arising from an alleged constructive dismissal on 29th October 2021. The time limits and rules applicable to such a complaint are comparable to those set out in the other preliminary issues. In an email to the WRC dated 8 August 2023, the Respondent asserts the Complainant acknowledges that the time limit for making this complaint has expired. However, she says that this complaint should not be treated as a new complaint. She claims, ‘two complaints seemed to have gone astray’. This explanation is not credible. If Complaint CA-00049048 (ADJ-00037691) was received, then the other two complaints would have been received and that complaint would have had a suffix 001 added to it. The Respondent contends the complaint form received by the WRC on 7th March 2022 did not even have a termination date on it. The Respondent argues that as an experienced legal secretary, it is unlikely that she would have submitted a complaint without saving and/or printing a copy for file. She has not included such a document in her submission.

Pay Claim – CA-00058036-003 The complaint form was received by the WRC on 2nd August 2023 in relation to a Payment of Wages complaint. The Respondent submits the Complainant relies on the improbable argument that this claim was made but ‘went astray’. The Respondent asserts that it should be noted that the Complainant has not suggested that there was a reason why she was late making the claim. Her position is that she made this claim but that it has somehow disappeared. She has produced no evidence to support this position

It is the Complainant’s case, as detailed in her letter to the WRC on 8 August 2023 that she had made these complaints in her initial complaint form of March 2022 under reference ADJ 00037691 but two of complaints seemed to have gone astray on that form when submitting it i.e., pay and unfair dismissal.

CA-00058036–001 Equality Complaint: By the Complainant’s own admission, this was a duplicate of CA-00049048-001(ADJ-00037691) that was heard concurrently therefore will not be considered by me in this decision.

CA-00058036-002 Unfair Dismissals Act: Constructive Dismissal

Section 8(2) of the 1977 Act states:

(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, and a copy of the notice shall be given by the Director General to the employer concerned as soon as may be after the receipt of the notice by the Director General.

The Complainant’s evidence was that she submitted this complaint on 7 March 2022, with her stated date of dismissal being 1 March 2022. There was no WRC record of an added complaint to CA-00049048 on 7 March. The WRC recorded receipt of this complaint to be 2 August 2023, more than the requisite 12 months for consideration of reasonable cause.  I find the evidence of the Complainant not to be credible on this point therefore I deem the complaint it to be out of time.

Pay Claim – CA-00058036-003:

Section 8 of the Workplace Relations Act 2015 provides:

 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 Complainant’s evidence was that she submitted this complaint on 7 March 2022, with her stated date of expected payment to be 29 October 2021. There was no WRC record of an added complaint to CA-00049048 on 7 March 2022. The WRC recorded receipt of this complaint to be 2 August 2023, more than the requisite 12 months for consideration of reasonable cause.  I find the evidence of the Complainant not to be credible on this point therefore I deem the complaint it to be out of time.

Section 8 of the Unfair Dismissals Act 1977(as amended)requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under the Act:

CA-00058036-002 Unfair Dismissals Act: Constructive Dismissal:

For the reasons outlined above I find the complaint to be out of time.

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.

Pay Claim – CA-00058036-003:

For the reasons outlined above I find the complaint to be out of time.

Out-of-Time.