Complainant

Respondent

Parties

Gytis  Lisinskas

Kelletts Limited

Representatives

  In person

Mr Stephen Hanaphy BL instructed by Ms Orla Veale Martin ,Kennedys Law

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00067814-001

02/12/2024

The complainant was employed by the respondent as a truck driver. Employment commenced on 5th July 2021 and ended on 21st December 2023.

This complaint was received by the Workplace Relations Commission on 2nd December 2024.

Please refer to Findings and Conclusion.

Preliminary Issue – Complaint lodged out of time.

The complainant was dismissed from employment on 21st December 2023. The Complaint was submitted to the Workplace Relations Commission on 2nd December 2024.

There is no jurisdiction to hear the complaint.

Preliminary Point.

As clearly pointed out by the respondent the complaint was not lodged with the Workplace Relations Commission within 6 months from the date of dismissal.

Section 8 (2) of the Unfair Dismissals Act 1977 (as amended) reads as follows:

8 (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.

In the instant complaint the complainant was dismissed from employment on 21st December 2023, he submitted a complaint to the Workplace Relations Commission on 2nd December 2024, approximately 11.5 months after the date of dismissal.

The Workplace Relations Commission wrote to the complainant on 6th December 2024, the following is an extract from that letter:

The complaint/disputeappear to have been presented after the expiration of the statutory timeline of six months from the time of the contravention. 

However, an Adjudication Officer has the power to extend this time limit to a maximum of 12 months, if the complainant can demonstrate that the failure to comply with the 6-month time limit occurred as a result of reasonable cause.

On 9th December 2024 the complainant replied:

I am writing in response to your inquiry regarding the delay in submitting my complaint within the six-month timeframe. The reason for this delay is that I was engaged in ongoing discussions and disputes with my employer and legal representatives concerning an injury I sustained at work.

During this period, my primary focus was on seeking compensation for the injury and hoping for a resolution that included a return-to-work offer. Unfortunately, despite my efforts, I was not offered my position back, and the matter remained unresolved.

As the situation became clear that no resolution or reinstatement would be forthcoming, I decided to proceed with a complaint regarding unfair dismissal. I believe it is essential to address this matter as it has significantly impacted my livelihood and well-being.

It is clear that the complainant was engaging with his, by then, previous employer in relation to the cause of his absence from work and was seeking a solution.

I do not accept that there was a  ‘reasonable cause’ that prevented the lodgement of a complaint within 6 months from the date of dismissal and I therefore have no jurisdiction to hear the complaint.

I do not accept that there is ‘reasonable cause’ to extend the six month time limit and I therefore have no jurisdiction to hear the complaint.

Time Limits.