ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051287
Parties:
Parties | Complainant | Respondent |
| A Worker | A Hospital Group |
Representatives | Self-Represented | Hospital Group Senior Manager |
Complaint:
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-00062667-001 | 08/04/2024 |
Date of Adjudication Hearing: 21/01/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury were explained to all parties.
Anonymisation of Decision.
The issue of anonymisation in the published finding of the WRC was considered. It was agreed that the case be Anonymised
Background:
The issue in contention concerned the alleged Constructive Unfair Dismissal of a Nurse by a Hospital. The employment began on the 5th November 2020 and ended on the 13th August 2023. The rate of pay was stated to have been € 3,107 per fortnight for a 37.5-hour week. |
1: Opening Legal issue - Time Limits
1:1 Respondent argument
The Respondent pointed out that the complaint had been filed at the WRC on the 8th April 2024 -some 7 months (34 weeks) post the ending of the employment. As such it was out of time for Adjudication consideration. (Section 41 (6) of the Workplace Relations Act ,2015 stipulates a six-month time limit for the lodging of claims.) No mitigating exceptions were advanced by the Complainant for an extension of time under Section 41 (8) of the Act.
1:2 Complainant position
The Complainant in reply stated that she had not been familiar with UD Act,1977 procedures and had neglected to file her complaint. She had been under a lot of pressures during this time.
In discussion with the Adjudication Officer and the Respondent representative no cogent reasons were advance to justify an extension of time as provided for in Sub Section 8 of Section 41 of the Workplace Relations Act. Legal precedent in this area requires applications for extensions of time to be very firmly grounded in exceptional circumstances.
1:3 Adjudication Conclusion
Regrettably for the Complainant the Adjudication view had to be that the Complaint was “Out of Time” and could not proceed.
2: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.
CA-00062667-001
Regrettably for the Complainant the complaint is “Out of time” and cannot proceed.
On the above technical ground, it has to fail
Dated: 08-04-25
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Constructive Unfair Dismissal, Time Limits. |