ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052337
Parties:
| Complainant | Respondent |
Parties | James Quinn | Quinn Motors (Castlecomer) Limited |
Representatives | Donnchadh Morgan BL, instructed by Morrissey Minchin Solicitors | Ms Quinn, Dealer Principal |
Complaint:
Act | Complaint 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-00057774-001 | 18/07/2023 |
Date of Adjudication Hearing: 14/04/2025
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 and to present any evidence relevant to the complaint. As the hearing was postponed on two previous occasions and as the respondent made a late submission, the parties agreed at the hearing that the complaint could be decided by written submissions, as per section 47 of the Workplace Relations Act 2015.
Background:
The complainant, Mr James Quinn, has been employed with the respondent since January 2005 and received his written terms of employment in October 2021. His complaint is that there has been a breach of the Terms of Employment (Information) Act 1994 over the period prior to October 2021. |
Summary of Complainant’s Case:
The complainant’s representative made a written submission outlining the fact that the complainant was without notice of his terms of employment for a significant period. In particular, it was submitted that there has been a breach of sections 3 and 3A of the Act from January 2005 up until October 2021. It was further submitted that the complainant was not notified of any changes to his terms over the same period. |
Summary of Respondent’s Case:
Ms Quinn, on behalf of the respondent, made a written submission setting out the circumstances under which contracts were issued to all staff in October 2021. It was submitted that the respondent is currently in compliance with the Act and that the complainant is out of time in making a complaint. |
Findings and Conclusions:
The Law Section 7 of the Terms of Employment (Information) Act sets out the basis under which a complaint can be made under section 41 of the Workplace Relations Act 2015. Section 41 (6) of the Workplace Relations Act states that an adjudication officer shall not entertain a complaint referred after the expiration of the period of 6-months beginning on the date of contravention to which the complaint relates. Finding There is no dispute between the parties that a contract issued in October 2021. Therefore, the respondent was in breach of the Act up until the contract issued. Once the contract issued, the respondent was no longer in breach of the Act. The date of the contravention to which the complaint relates is October 2021. I find that there is no subsisting breach of the Act during the requisite 6-month period prior to the complaint being made in July 2023. I decide that I have no jurisdiction to hear the substantive complaint as it is out of time. |
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.
I decide that I have no jurisdiction to hear the substantive complaint as it is out of time. |
Dated: 17th April 2025
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Terms of Employment |