ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056980
Parties:
| Complainant | Respondent |
Parties | Mehmet Akif Ustun | SAR Group MCR Group |
| Complainant | Respondent |
Representatives | Self-Represented | Mr W Parkes assisted by Geoffrey Doyle MCR Group |
Complaints:
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-00069004-001 | 03/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-002 | 03/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-003 | 03/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00069004-004 | 03/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00069004-005 | 03/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-006 | 03/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-007 | 03/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00069004-008 | 03/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00069004-009 | 03/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 | CA-00069004-010 | 03/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00069004-011 | 03/02/2025 |
Date of Adjudication Hearing: 28/10/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 8 of the Unfair Dismissals Act, 1977, Section 27 of the Organisation of Working Time Act, 1997, Section 7 of the Terms of Employment (Information) Act, 1994 , Section 6 of the Payment of Wages Act, 1991 , Sick Leave Act 2022 , Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 and Section 45A of the Industrial Relations Act, 1946 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered by the Parties but not deemed necessary.
Background:
The Complainant was engaged as a Security Officer by the Respondent Security Company. The issues in contention are a complaint of Unfair Dismissal with allied Organisation of Working Time, Payment of Wages, Employment Information and Breaches of ERO Regulations. The Complainant commenced employment on the 10th March 2021. The end of employment date was 4th January 2025. The rate of pay was stated by the Complainant to have been the weekly Security ERO rate. |
1: Summary of Complainant’s Case:
The Complainant was self-represented. To assist matters a Tabular Format will be used.
Act | Complaint/Dispute Reference No. | Summary Complaint |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00069004-001 | Unfair Dismissal on the 26 March 2022. Job was done away with while he was on long term sick leave following a Traffic accident. |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-002 | Complainant was not paid for Sunday Work |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-003 | No paid for Public holidays |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00069004-004 | Nover received a proper Written Contract of Employment |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00069004-005 | Did not receive Minimum notice for March 2022 dismissal |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-006 | Lack of adequate notice of work requirements/availability of shifts. |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-007 | Zero Hours. Not paid for 25% of available time as required by the Act. |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00069004-008 | Not paid an outstanding amount - €87.50 for 9th to 15 April 2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00069004-009 | Not paid Sick Pay for period from 11th November 2021 to 20/03/2023. Also not paid Annual leave for this period. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 | CA-00069004-010 | Not informer of job opportunities /possible promotions etc while out Sick |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00069004-011 | Did not receive the correct ERO rates of Pay for period from September 2023 until May 2024. |
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2: Summary of Respondent’s case. The Respondent was represented by Mr W Parkes of Warren Parkes Solicitors supported by Respondent Managers. A Written submission was provided to the Hearing. Full cross examination of the Complainant was undertaken. The Respondent strongly argued that most of the complaints were well Out of Time and accordingly Statute Barred. The “cognisable” or validperiod for the Complaint was argued to have been 3rd August 2024 -3rd February 2025. |
Act | Complaint/Dispute Reference No. | Summary Responses. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00069004-001 | The date of the alleged Dismissal, which was vigorously denied, was the 26nd March 2022. The Complaint was lodged at the WRC on the 3rd February 2025. This renders the claim completely out of time as more than 12 months has elapsed. Irrespective of this fact the complaint was completely denied – the Complainant had been on long term sick leave following his Road Traffic accident – he was never dismissed. |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-002 | The Respondent accepted that an administrative error had occurred and was making payments for Sunday Allowance for Week 24 to Week 51 of 2024. |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-003 | All payments for Public Holidays in the cognisable Period had been made. Pay Slips were supplied in evidence. |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00069004-004 | A copy of the Employee’s Contract dated 10th March 2021 was produced. There can be no case to answer. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00069004-005 | The complaint is regarding a purported Dismissal on the 20th March 2022. A Dismissal was denied. Regardless of this the Complaint is completely Out of Time. |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-006 | Any requests to alter shifts were always done with the Complainant’s agreement, generally to cover unexpected Sick absences of colleagues. The arrangements were in keeping with the Security Employment Regulation Order regulations. |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-007 | The Complainant was never without full time work save for period of Sick leave or Annual Leave. There can be no “0 Hours” complaint. Details of work hours / Spead sheets supplied |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00069004-008 | The complaint is denied (9th April/15th April 2021) and is completely Out of Time |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00069004-009 | The Complainant was properly paid/not paid in keeping with Company rules, for the period of his Road traffic accident (Nov 2021 to 20th March 2023.)
In any event the Complaint is Out of Time |
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 | CA-00069004-010 | The Complainant was not a Part Time worker as specified by the Act. The Complaint cannot apply in these circumstances. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00069004-011 | The terms of the Employment Regulation Order were properly applied to the Complainant. Full spread sheet / Pay Slip evidence was supplied |
3: Findings and Conclusions:
Again, for convenience a Tabular format will be used. 3:1 Time Limits – Legislation and Case Law cited. Section 41 – subsections 6 & 8, of the Workplace Relations Act 2015 apply here. (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. (8) 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 6-month period would bring the “Cognisable Period” back to the August 2024 from a 3rd February 2025 WRC referral date. Sub section 6 – allowing for “reasonable cause” (if accepted by the Adjudicator), back to the 3rd February 2024. The case law quoted by the Respondent was the very well know case Cementation Skanska Ltd v Caroll DWT0338 plus additional case Law which outlines the Labour Court view on the understanding of “Reasonable” Cause. In brief it has to be a substantial well-founded case to justify an extension from 6 to 12 months. The Complainant argued ill health grounds. The Adjudication Officer having reviewed the mostly oral Testimony from the Complainant felt that the grounds being argued lacked substance and did not agree to any extension from 6 to 12 months.
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Act | Complaint/Dispute Reference No. | Summary Conclusions |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00069004-001 | The date of the alleged Dismissal, which was vigorously denied, was the 26nd March 2022. The Complaint was lodged at the WRC on the 3rd February 2025. This renders the claim completely out of time as more than 12 months has elapsed. Irrespective of this fact the complaint was completely denied – the Complaint had been on long term sick leave following his Road Traffic accident – he was never dismissed. |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-002 | The Respondent accepted that an administrative error had occurred and was making payments for Sunday Allowance for Week 24 to Week 51 of 2024. |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-003 | All payments for Public Holidays in the cognisable Period had been made. Pay Slips were supplied in evidence. |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00069004-004 | A copy of the Employee’s Contract dated 10th March 2021 was produced. There can be no case to answer. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00069004-005 | The complaint is regarding a purported Dismissal on the 20th March 2022. A Dismissal was denied. Regardless of this the Complaint is completely Out of Time. |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-006 | Any requests to alter shifts were always done with the Complainant’s agreement, generally to cover unexpected Sick absences of colleagues. The arrangements were in keeping with the Security Employment Regulation Order regulations. |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-007 | The Complainant was never without full time work save for period of Sick leave or Annual Leave. There can be no “0 Hours” complaint. Details of work hours / Spead sheets supplied |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00069004-008 | The complaint is denied (9th April/15th April 2021) and is completely Out of Time |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00069004-009 | The Complainant was properly paid/not paid in keeping with Company rules, for the period of his Road traffic accident (Nov 2021 to 20th March 2023.)
In any event the Complaint is Out of Time |
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 | CA-00069004-010 | The Complainant was not a Part Time worker as specified by the Act. The Complaint cannot apply in these circumstances. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00069004-011 | The terms of the Employment Regulation Order were properly applied to the Complainant. Full spread sheet / Pay Slip evidence was supplied |
4: Decisions:
Section 41 of the Workplace Relations Act 2015; Section 8 of the Unfair Dismissals Act, 1977, Section 27 of the Organisation of Working Time Act, 1997, Section 7 of the Terms of Employment (Information) Act, 1994 , Section 6 of the Payment of Wages Act, 1991 , Sick Leave Act 2022 , Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 and Section 45A of the Industrial Relations Act, 1946 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
A Tabular format will be used for convenience.
Act | Complaint/Dispute Reference No. | Decision |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00069004-001 | Complaint Out of Time. Not properly Founded |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-002 | The Respondent accepted that an administrative error had occurred and was making payments for Sunday Allowance for Week 24 to Week 51 of 2024. Complaint accordingly Not Properly Founded as it is resolved. |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-003 | All payments for Public Holidays in the cognisable Period had been made. Pay Slips were supplied in evidence. Complaint accordingly is Not Properly Founded. Complaint fails. |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00069004-004 | A copy of the Employee’s Contract dated 10th March 2021 was produced. There can be no case to answer. Complaint accordingly is Not Properly Founded. Complaint fails. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00069004-005 | The complaint is regarding a purported Dismissal on the 20th March 2022. A Dismissal was denied. Regardless of this the Complaint is completely Out of Time. Accordingly the Complaint is Not Properly Founded |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-006 | Any requests to alter shifts were always done with the Complainant’s agreement, generally to cover unexpected Sick absences of colleagues. The arrangements were in keeping with the Security Employment Regulation Order regulations. Accordingly, Complaint is Not properly Founded and has to be deemed to Fail |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069004-007 | The Complainant was never without full time work save for period of Sick leave or Annual Leave. There can be no “0 Hours” complaint. Details of work hours / Spead sheets supplied Accordingly, Complaint is not Properly Founded and has to be deemed to Fail |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00069004-008 | The complaint is denied (9th April/15th April 2021) and is completely Out of Time. Accordingly, Complaint is Not Properly Founded and has to be deemed to Fail |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00069004-009 | The Complaint is Out of Time. It has to be deemed to Fail |
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 | CA-00069004-010 | The Complainant was not a Part Time worker as specified by the Act. The Complaint cannot apply in these circumstances. Accordingly, Complaint is Not Properly Founded and has to be deemed to Fail |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00069004-011 | The terms of the Employment Regulation Order were properly applied to the Complainant. Full spread sheet / Pay Slip evidence was supplied. Accordingly, Complaint is Not Properly Founded and has to be deemed to Fail |
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Dated: 09-01-26
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Organisation of Working Time, Employment Information, Security Industry ERO |