ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001191
Complaint(s)/Dispute(s) for Resolution:
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-00001624-001 | 21/12/2015 |
Date of Adjudication Hearing: 26/08/2016
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and/or Section 8(1B) of the Unfair Dismissals Act, 1977, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
In December 2014 a complaint was made about my customer service skills. This was taken on board by me and I worked to ensure there was no repeat complaint. When I was given a pay rise in early 2015, this was mentioned again. In May 2015 I was brought to a room in the building and dismissed. There was no notice of the meeting or any opportunity for me to bring representation. I pleaded for my job and was told no I couldn't have another chance. The reason given was that there had been complaints about me but no further information was given regarding who or what was said. I was left feeling humiliated and embarrassed. The situation led me to consider self harm but I got past that eventually. It took 4 months to find employment. |
Respondent’s Submission and Presentation:
The Respondent was unrepresented. No formal written submission was offered but a number of verbal points were put forward. Clarification, under questioning by the Adjudicator, was given as to the exact date of dismissal of the Complainant. Extensive copies of text messages between the principal parties and some statements from third parties were presented. Minutes of meetings (12th December 2014 and 25th May 2015) taken by the Respondent were presented.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
[Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Issues for Decision:
In view of the facts presented in regard to dates is this claim validly in time as per Section 8 of the Unfair Dismissals Act, 1977. ?
Are there any mitigation arguments advanced to allow an extension of time?
Legislation involved and requirements of legislation:
Unfair Dismissals Act 1977 – Section 8
Decision:
The relevant Section of the Act is Section 8 (1) b -an extract quoted below.
Determination of claims for unfair dismissal.
8
1B) Subsection (14) of section 41 of the Act of 2015 applies to a decision of an adjudication officer under subsection (1) as it applies to a decision of an adjudication officer under that section subject to the modification that the words ‘subsection (1) of section 8 of the Act of 1977’ shall be substituted for the words ‘this section’
(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,
and a copy of the notice shall be given by the Director General to the employer concerned as soon as may be after the receipt of the notice by the Director General
In the case at hand the parties agreed that the Claimant was dismissed at a meeting on the 25th June 2015. Allowing for Statutory Notice the actual end date of the employment would have been the 13th June 2015.
Both parties agreed that the end date had effectively been the 13th June 2015. Reference was made to a date of the 22/06/2015 on the P45 – this was taken to be a payroll processing date – not evidence of sufficient strength to over turn the clear agreement between the parties, and supported by copy texts that the end date had been the 13th June 2015.
Allowing for holidays and taking a most generous view of time in lieu the maximum extension of this period would have been the 18th June or midday on the 19th June 2015.
A six month period from 19th June 2015 would have been up to the 19th December 2015.
The claim was not received by the WRC until the 21st December 2015.
At the hearing no arguments were advanced or were in evidence as to why an extension under Sub section b should be granted.
Accordingly the claim is precluded by Section 8 (1). (b) (2 a), and is dismissed.
Dated: 17th November 2016