ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007278
Parties:
| Complainant | Respondent |
Anonymised Parties | Cleaner | Public Sector Employer |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00009780-001 | 17/02/2017 |
Date of Adjudication Hearing: 04/01/2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant has been employed in the Public Sector, a Government Department, since 3rd June 2003 and with the current Respondent, also in the Public Sector, from October 2006. The Complainant is paid €470.00 gross per week and she works 20 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 17th February 2017 alleging the Respondent had breached the Terms of Employment (Information) Act, 1994 – 2015 in that she had not been provided with a written statement of her Terms and Conditions of Employment. |
Preliminary issue – Correct Employer.
The Complaint lodged with the WRC on 17th February 2017 names the Minister and the Government Department as the Respondent. The evidence from both Parties was that yes the Complainant had been employed by the Government Department from June 2003 until October 2006 when her Employer became the named Respondent cited in this Decision. Both Parties agreed to amend the complaint form to reflect the accurate Employer.
The evidence presented to the Hearing on 4th January 2018 by the Respondent was a signed and dated Statement of Terms and Conditions of Employment which was signed on behalf of the named Respondent and dated 22nd December 2013, some seven years after the commencement of this employment. The Complainant denies that she ever received this Statement of Terms and Conditions of Employment.
PRELIMINARY ISSUE – TIME LIMITS.
Section 41 (6) of the Workplace Relations Act, 2015 provides as follows: - “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”. Subsection (8) does allow for an extension of time, subject to a maximum of 12 months due to “reasonable cause”.
The Complainant commenced employment with the named Respondent in this complaint in October 2006. The Complainant referred her complaint to the WRC on 17th February 2017. The Complaint states “I have not received terms and conditions of employment”.
Accordingly, I do not have jurisdiction to hear this complaint as it does not comply with Section 41(6) of the Workplace Relations Act, 2015.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
In accordance with Section 7 of the Terms of Employment (Information) Act, 1994 – 2015 and in view of my findings above on the Preliminary Issue in relation to Time Limits under Section 41(6) of the Workplace Relations Act, 2015, I declare I do not have jurisdiction to hear this complaint as the complaint does not comply with Section 41(6) of the Act of 2015
Dated: 2nd August 2018.
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Preliminary Issue Section 41 (6) of the Act of 2015 – the complaint does not comply with that Section – the Adjudication Officer has no jurisdiction. |