Complainant

Respondent

Parties

Simone  Woods

Uber Ireland Center of Excellence Ltd.

Representatives

  Self Represented

Mark Curran BL instructed by  Mason Hayes & Curran Solrs

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-00065781-001

02/09/2024

The Complainant was dismissed on July 24th 2023. She submitted a complaint for unfair dismissal on September 2nd 2024. This complaint is deemed statute barred and was a duplicate complaint for unfair dismissal submitted previously by the Complainant and the substantial complaint of unfair dismissal is dealt with in an alternative Decision.

Time Limitation for submission of complaints:

Section 41(6) of the Workplace Relations Act [2015 - 2021] provides that:

“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.”

Section 41 (8) of the Act  provides that:

“An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause.”

As the Complaint was submitted outside of the 12 months allowed for by the Act I have no legal jurisdiction to hear this complaint and it is statue barred,

The Respondent name was changed by agreement from Uber to Uber Ireland Center of Excellence Ltd.

I have no legal jurisdiction to hear this complaint and it is statute barred.

Unfair Dismissal