ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00036954
Parties:
| Complainant | Respondent |
Parties | Paulo Nobrega | Alloy Tip Limited |
Representatives | Self-Represented | Company Owner/Manager |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00048222-001 | 16/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00048222-002 | 16/01/2022 |
Date of Adjudication Hearing: 23/08/2022
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991 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.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th April 2021 the Parties were informed in advance that the Hearing would be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
No objections to the public nature of the Hearing or Findings were raised.
The required Affirmation / Oath was administered to all witnesses. The legal perils of committing Perjury were explained to all parties.
Full cross examination of Witnesses was allowed and availed of.
Unfortunately, due to Covid 19 difficulties, the Adjudication finding was delayed
Jurisdiction / Time Limits issue
The incidents complained of took place from the 2nd December 2020 to the 6th December 2020. The Complaint was referred to the WRC on the 16th January 2022.
Section 41 (6) of the Workplace Relations Act 2015 provides
(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.
Accordingly, as a period of approximately 24 months passed from the date of the alleged contravention to the referral to the WRC the complaint is clearly Out of Time.
It follows that I have no jurisdiction to proceed with the Complaint.
Background:
The Complainant was employed as a General Operative at a Vehicle Building Shop. He stated that he began work on the 02 December 2020 and the employment finished on the 6th December 2020 – a period of four days. This was contested by the Employer. The Complainant alleged that he was not paid for his first day at work – the 2nd of December 2022. The rate of pay was alleged to be €10:94 per hour. The weekly number of hours was stated to be 40. A claim for Minimum Notice was also referred - CA-00048222-002 |
1: Summary of Complainant’s Case:
The Complainant maintained that he had worked a full day on the 2nd December (Wednesday) and was due to be paid for this day. It was not disputed that he worked a full day on Thursday and Friday ( 3rd and 4th). He left the job and did not return the following week. He maintained that he was due a day’s pay for the first day - the Wednesday and Minimum Notice for the ending of employment. |
2: Summary of Respondent’s Case:
The Employer maintained that he had paid properly for the Thursday and Friday. The Wednesday was simply an interview and the employee had simply been shown around the plant- No work was done. Minimum Notice could never apply for such a short working period. |
3: Findings and Conclusions:
The Complaints are Out of Time. There is no Adjudication Officer Jurisdiction . |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991 require that I make a decision in relation to the complaints in accordance with the relevant redress provisions of the cited Acts.
As there was no proper Jurisdiction under the WP Relations Act,2015, the Complaints ( CA - 00048222-001 ( Wages) and CA- 00048222-002 (Minimum Notice) have to be deemed Not Well Founded.
Dated: 5th December 2022
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Jurisdiction , Time Limits |