ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055573
Parties:
| Complainant | Respondent |
Parties | BIYI ABIOLA | PRIMTAC LTD |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives | In Person | Mr Eamon O’Donnell BL instructed by Ad'reme Solicitors |
Complaint(s):
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-00067718-001 | 27/11/2024 |
Date of Adjudication Hearing: 14/03/2025
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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.
Background:
This complaint was received by the Workplace Relations Commission on 27th November 2024. |
Summary of Complainant’s Case:
Preliminary Issue. Please see below. |
Summary of Respondent’s Case:
Preliminary Issue. Please see below. |
Findings and Conclusions:
Section 41 (6) of the Workplace Relations Act 2015 reads as follows: 41(6) Subject to subsection (8) an 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) reads as follows: 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) (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. In the instant case the complaint form was received by the Workplace Relations Commission on 27th November 2024. The complaint read as follows: “I have not been paid my wages from 14/03/2021 to /07/2023” The complaint was received some 16 months after the alleged contravention. I have no jurisdiction to hear the complaint as presented. |
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.
In the instant case the complaint form was received by the Workplace Relations Commission on 27th November 2024. The complaint read as follows: “I have not been paid my wages from 14/03/2021 to /07/2023” The complaint was received some 16 months after the alleged contravention. I have no jurisdiction to hear the complaint as presented. |
Dated: 24th of March 2025
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages Act 1991. |