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PAT193

FULL RECOMMENDATION
RP/18/1
DECISION NO. PAT193
ADJ-000011270 CA-00014764-003

SECTION 81 (1), PENSIONS ACTS, 1990 TO 2014


PARTIES :
GREEN ISLE FOODS
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

JAMES OKORIE


DIVISION :

Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Ms Treacy
SUBJECT:
1. An Appeal of Adjudication Officer Decision No(s). ADJ-000011270


BACKGROUND:

2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court in accordance with the Redundancy Payments Act 1967. A Labour Court hearing took place on 6 August, 2019. The following is the Determination of the Court:-



DECISION :

This matter comes before the Court as an appeal by James Okorie (the Appellant) of a decision of an Adjudication Officer made in his complaint made under the Pensions Act 1990 (the Act) as amended. The decision of the Adjudication Officer was made on 3rd August 2018. The within appeal was received on 1st October 2018.

It is common case that the Appellant’s employment terminated in September 2007. The Appellant alleges that the contravention of the Act occurred during the course of his employment. The Appellant’s complaint to the Workplace Relations Commission (WRC) was made on 2nd October 2017.

The Act provides at Section 81E in relevant part as follows:

  • 81E.(1) A person who claims not to be receiving, or not to have received, equal pension treatment in accordance with this Part or to have been penalised in circumstances amounting to victimisation may, subject to subsections (2) to (6) and subsections (1) and (2) of section 81F, seek redress by referring the case to the Director.

    (5) Subject to subsection (6), a claim for redress in respect of a breach of the principle of equal pension treatment or victimisation may not be referred under this section after the end of the period of 6 months from the date of termination of the relevant employment.

    (6) On application by a complainant, the Director, the Labour Court or the Circuit Court as the case may be, may, for reasonable cause, direct that, in relation to the complainant, subsection (5) shall have effect as if for the reference in it to a period of 6 months there were substituted a reference to such period not exceeding 12 months as is specified in the direction, and where such a direction is given, this Part shall have effect accordingly.

The complaint to the WRC was made outside the time limits set out in the Act at Section 81E and consequently the Appellant’s original complaint and the within appeal are statute barred.

Determination

The within appeal fails and the decision of the Adjudication Officer is affirmed.

The Court so determines.




Signed on behalf of the Labour Court



Kevin Foley
CC ______________________
14 August 2019 Chairman



NOTE

Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.