ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00040449
Parties:
| Complainant | Respondent |
Parties | Raymond McDonald | O'Donnell Coach Hire Limited |
Representatives | Self | Gallagher & Brennan sols |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00051751-001 | 15/07/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00051751-002 | 15/07/2022 |
Date of Adjudication Hearing: 16/02/2023
Workplace Relations Commission Adjudication Officer: Janet Hughes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and Section 39 of theRedundancy Payments Acts 1967 - 2014following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints. These complaints were discussed with the Complainant on the basis of the preliminary issue of time limits. The reasoning behind the decision to be made was explained to the Complainant. The Respondent agreed with the approach adopted.
Background:
These complaints are concerned with complaints that the Complainant was entitled to redundancy and pay in lieu of notice on termination of employment. They claims are disputed both in terms of time limits applying to making such complaints and the substance of the complaints. |
Summary of Complainant’s Case:
The Complainant commenced employment with the Respondent in 2004. His employment ended in August 2019. He was employed as a school bus driver on a rate of pay of €300 gross per week.
The matter of the time limit of 52 weeks in which to bring a complaint under the Redundancy Payments Act was explained to Mr McDonald. That there appeared to be an issue was also flagged to him by the WRC prior to the hearing. Mr McDonald explained that during Covid in 2020 he found it very difficult to get advice regarding his entitlements as Government Offices and Citizen Information Offices were all closed. He could not get through on the phone. |
Summary of Respondent’s Case:
In a written submission the Respondent contested the jurisdiction of the WRC to investigate the complaints on grounds of time limits. In substance they also denied there was dismissal at all. |
Findings and Conclusions:
As explained to Mr McDonald before opening the hearing to evidence, an Adjudication Officer is bound by the time limits contained in legislation concerning complaints under the Redundancy Payments Act which provides for a normal maximum period of 52 week following the termination of employment in which to make a complaint. I should add that there is a provision for an extension to 104 weeks but even then, the complaint submitted in July 2022 was outside of that extended timeline which may be allowed on reasonable grounds. A third ground for an extension beyond the limit of 104 weeks does not apply in this case. The time limits for making complaints are set out in Section 24 of the Act of 1967 as amended. As stated by the Respondent in their submission, the time limit for a complaint under the Payment of Wages Act (in this case for payment of Minimum Notice) is a maximum of twelve months in certain circumstances but may be as little as six months. In the circumstances knowing that both claims fall outside of my jurisdiction in terms of the time limits, there was nothing to be achieved by putting the parties into evidence on the details of the termination of the employment relationship. Mr McDonald was also advised that he could appeal my decision if he was dissatisfied. |
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.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
CA-00051751-001 Statutory Redundancy Pay This complaint was not submitted within the jurisdictional time limit for an investigation by an Adjudication Officer which apply to the circumstances and, as such, is not well founded and the appeal is not allowed. CA-00051751-002 Payment of Wages Act Pay in lieu of notice. This complaint is outside of the jurisdictional time limit for an investigation by an Adjudication Officer and, as such is not well founded. |
Dated: 2nd March 2023
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
Redundancy/Minimum Notice/Time Limits |