ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00057753
Parties:
| Complainant | Respondent |
Parties | Margaret Folan Joe | Health Service Executive |
Representatives | Self-Represented | HSE HR Manager |
Complaint:
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-00070321-002 | 31/03/2025 |
Date of Adjudication Hearing: 20/08/2025
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
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 by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant is a Multitask Attendant in a Nursing Home with the Respondent. She commenced work in October 2016. She gave her evidence on Affirmation.
The Respondent was represented by Karen Coen, HR Manager with the Respondent with Mr. Damien Woods swearing an Affirmation at the outset.
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Summary of Complainant’s Case:
It was the Complainant’s evidence that her complaint related to the pay period from 1 September 2019 to 31 December 2021. She was asked at the outset of the hearing to quantify her complaint but was unable to do so. |
Summary of Respondent’s Case:
It was submitted on behalf of the Respondent that question of pay was addressed in a Labour Court Recommendation. |
Findings and Conclusions:
The parties were invited to make submissions on the time limit provided for in Section 41 of the Workplace Relations Act 2015 (the “Act”). It was the Complainant’s submission that it was preferable for the matter to be resolved internally and she was waiting for the Respondent’s response to her queries which took time and caused her great stress. It was the Respondent’s submission that the complaint was outside the cognisable period of time provided for in the Act. Section 41(6) of the Act 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.” While there is a provision under the Act to extend the time limit by a further six months where the Complainant can show “reasonable cause,” this complaint, referred to the Workplace Relations Commission on 27 March 2025, was well outside the cognisable period. The pay complaint relates to the period from 2019 to 2021. For these reasons, I find that the complaint is not well founded. |
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 find the complaint is not well founded. |
Dated: 21st August 2025
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
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