HSD2512

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00048692 (CA-00059835-002)

BACKGROUND:

The Complainant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 29(1) of the Safety, Health and Welfare at Work Acts, 2005 to 2014.  A Labour Court hearing took place on 17 April 2025. 

The following is the Decision of the Court.

DECISION:

This is an appeal against a Decision of an Adjudication Officer (number ADJ-00048692, CA-00059835-002), under the Safety, Health & Welfare at Work Act, 2005 (the Act).

The complaint was lodged to the Workplace Relations Commission (WRC) on 6 November 2023. The Adjudication Officer determined she had no jurisdiction to adjudicate on the complaint as it was submitted outside the time limits prescribed in the Act.

That decision was appealed to the Court. The Labour Court hearing was held in Dublin on 17 April 2025. This appeal is link to four other appeals EDA2546, EDA2547, EDA2548 and HSD2511 that were heard on the same day.

Preliminary Matter – Time Limits

The Respondent raised a preliminary matter in relation to the time limits under the Act for lodging a complaint.

Position of the Respondent

The Appellant’s contract of employment terminated in May 2019. The Appellant is in receipt of a pension since that date. No employment relationship exists.

The relevant period for lodging any complaint under the Act runs from 20 May 2019 (the date of termination of employment) to 19 November 2019. Any claim filed after that date is outside the statutory cognisable six-month period for lodging a complaint. The complaint is manifestly out of time and so statute barred.

Position of the Appellant

No time limit arises due to misrepresentation by the Respondent. The Respondent relies on the purported termination of the Appellant’s employment to say no employment relationship exists. Payslips show that the Appellant has received a monthly payment since May 2019 which clearly contradicts the assertion that the contract of employment terminated on 20 May 2019. The Appellant is not in receipt of an authorised pension payment. A pension payment can only be made where a Statutory Declaration Form was signed. The Appellant did not sign a document to authorise any changes to her terms and conditions of employment. 

The complaint is not out of time. There is no delay in lodging the complaint under the Act, as the employment relationship continues.

Deliberations and Findings

Rule 54 of the Labour Court Rules 2024 provides that: -

“The Court may, in its discretion, give a preliminary ruling on any aspect of the case where it is satisfied that time and expense may be saved by the giving of such a ruling and/or where it has the potential to be determinative of the case”.

In a linked appeal HSD2511  heard on the same day as the within appeal the Court found that the Appellant’s employment with the Respondent terminated on 20 May 2019. That being the case, the Court has no jurisdiction to hear the complaint under the within Act.

The Court’s jurisdiction is confined to assessing breaches that occurred within the time limits specified under the Act. The maximum time limit allowed for an employee to bring a complaint under the Act is six months from the date of the alleged contravention. The six-month timeframe may be extended to 12 months if there is reasonable cause.

The within complaint was lodged to the Workplace Relations Commission some three years and five months after the employment relationship between the parties ended. Having regard to the time limits set down at Section 41(6) and 41(8) of the Workplace Relations Act, 2015, the complaint is manifestly out of time. As a result, the complaint is statute barred.

Decision

The complaint is statute barred.

The appeal is not allowed.

The decision of the Adjudication Officer is upheld.

The Court so decides.

	Signed on behalf of the Labour Court
	Katie Connolly
AR	______________________
7th May 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Aidan Ralph, Court Secretary.