FULL RECOMMENDATION
SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : COOLMORE STUD (REPRESENTED BY ARTHUR COX) - AND - WILLIAM JONES DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Hall |
1. Appeal Of Adjudication Officer Decision No: ADJ-00002932 CA-00003535/001/002
BACKGROUND:
2. The Worker appealed his case to the Labour Court on the 19 September 2017, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 10 April 2018. The following is the Determination of the Court:
DETERMINATION:
This is an appeal by Mr William Jones (the Appellant) against a Decision of an Adjudication Officer ADJ-00002932, CA-00003535-001/002 under the Organisation of Working Time Act 1997 (the 1997 Act) against his former employer Coolmore Stud (the Respondent). The Adjudication Officer found that the complaint under the 1997 Act was out of time and statue barred and therefore she declined jurisdiction. The Complainant appealed against that Decision. The Appellant made his appeal to the Court on 18thSeptember 2017.
The Appellant was employed by the Respondent from January 2006 until his retirement on 16thJanuary 2015. He referred a complaint to the Workplace Relations Commission on 22ndMarch 2016 alleging breaches of the Act for the period he was employed.
Preliminary Issue
The Respondent raised a preliminary issue that the claim was submitted outside the time limit prescribed by Section 41(6) of the Workplace Relations Act 2015 (the 2015 Act).
The Law
The Act of 2015 at Section 41 (6) and 41(8) provides as follows
- 41(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.
41(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 relevant initiating complaint form was received by the Director Generalof the Workplace Relations Commission on 22ndMarch 2016. Having regard to Section 41(6) of the 2015 Act, the six-month time limit within which the initiating complaint should have been referred to the Workplace Relations Commission expired, at the latest, on 15thJuly 2015. The Complainant, therefore, lodged his complaint out of time.
Section 41(8) of the 2015 Act provides, in effect, that the time for presenting a claim under the Act may be extended for reasonable cause shown for a further period of six-month but not exceeding 12 months from the date of the occurrence of the event giving rise to the claim.
The matters which formed the basis of the Appellant’s complaint occurred prior to 16thJanuary 2015, his complaint was not made until 22ndMarch 2016, over fourteen months later, no application to extend time could bring the Appellant’s claim within time, therefore, the Court finds that his complaint was out of time.
Determination
The Court finds that the claim under the 1997 Act was presented outside the time limit prescribed by Section 41 of the 2015 Act. Accordingly, the claim is statute-barred, therefore, the Court has no jurisdiction to investigate the complaint.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
JD______________________
24 April 2018Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Deegan, Court Secretary.