Complainant

Respondent

Parties

Ionel  Pusca

Voxpro Ltd. Telus Digital

Complainant

Respondent

Anonymised Parties

{text}

{text}

Representatives

EY Law

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-00059885-002

09/11/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00065573-001

23/08/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00065573-002

23/08/2024

Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005

CA-00065573-003

23/08/2024

The Complainant, who was employed as an Implementation Service Desk Specialist – Deployment Specialist, commenced employment with the Respondent on 7 November 2022. He received notice on 23 February 2023, and it is his position that his employment ended on 9 May 2023. The Respondent disputes this and maintains that the Complainant’s employment ended on 23 February 2023.

Voluminous submissions were received from the Complainant and these were shared with the Respondent. The Complainant swore an affirmation at the outset of the hearing.

The Respondent was represented at the hearing by its Solicitor. Mr. Donal O’Callaghan, HR Operations Manager, swore an affirmation but did not give evidence. Submissions were received on behalf of the Respondent and were shared with the Complainant.

Preliminary Matter

It was the Complainant’s submission that time started running from the date of contravention and not the date of termination. He referred to HSE v McDermott [2014] IEHC 331 which he submitted held that that was no meaning to date of contravention.

It was the Complainant’s evidence hat the dismissal was not on 23 February 2023 as the Respondent allowed for an appeal the decision which conclude on 9 May 2023. It was submitted that the he submitted the complaints within 6 months of 9 May 2023. 

In terms of the complaints under the Payment of Wages Act, 1991, CA-00065573-001, that where he did not receive the payslip for March 2023 until 17 June 2024, time does not run until June 2024 where he ought to have received the payslip in March 2023. 

CA-00059885-002 - Section 6 of the Payment of Wages Act, 1991

It was the Complainant’s submission that he did not receive the appropriate payment in lieu of notice.

CA-00065573-001 - Section 6 of the Payment of Wages Act, 1991

It was the Complainant’s submission that he did not receive the appropriate payment in lieu of notice.

CA-00065573-002 - Section 27 of the Organisation of Working Time Act, 1997

It was the Complainant’s submission that he did not receive public holidays.

CA-00065573-003 - Section 28 of the Safety, Health & Welfare at Work Act, 2005

It was the Complainant’s evidence that he did not receive a payslip from March 2023 until he referred the matter to the Workplace Relations Commission Inspectorate. It was subsequently provided in June 2024.

The Respondent denied each of the complaints.

It was the Respondent’s submission that the Complainant’s complaints were grossly out of time.

CA-00059885-002 - Section 6 of the Payment of Wages Act, 1991

It was the Respondent’s submission that the complaint was out of time where it was submitted on 9 November 2023, 9 months after the Complainant’s termination date on 23 February 2023.

CA-00065573-001 - Section 6 of the Payment of Wages Act, 1991

It was the Respondent’s submission that the complaint was out of time where it was submitted on 23 August 2024, 18 months after the Complainant’s termination date on 23 February 2023.

CA-00065573-002 - Section 27 of the Organisation of Working Time Act, 1997

It was the Respondent’s submission that the complaint was out of time where it was submitted on 23 August 2024, 18 months after the Complainant’s termination date on 23 February 2023.

CA-00065573-003 - Section 28 of the Safety, Health & Welfare at Work Act, 2005

It was the Respondent’s submission that it was not aware of any complaint under the Safety, Health & Welfare at Work Act 2005.

Furthermore, it was submitted that the complaint was out of time where it was submitted on 23 August 2024, 18 months after the Complainant’s termination date on 23 February 2023.

Preliminary Matters

There were a number of written submissions and communications from the Complainant seeking access to his personal data from the Respondent. The parties were advised that my jurisdiction is limited to the complaints listed above only and did not extend to the Data Protection Act 1988-2018.

Time

Section 41 (6) of 2015 Act sets out the time period for the referral of complaints to the Workplace Relations Commission:

“(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.”

Section 41 (8) allows for an extension of time where reasonable cause can be demonstrated:

“(8) 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.

CA-00059885-002 - Section 6 of the Payment of Wages Act, 1991

I find that I do not have jurisdiction to consider this complaint, as it was submitted outside the time limit provided for in Section 41(6) of the Workplace Relations Act 2015. Furthermore, I am satisfied that there is no reasonable cause to extend the time limit in this case. The Complainant was actively engaging in correspondence with both the Respondent and the Workplace Relations Commission during the period following his termination, and has not demonstrated any reasonable basis for the delay in submitting the complaint.

CA-00065573-001 - Section 6 of the Payment of Wages Act, 1991

I find that I do not have jurisdiction to consider this complaint where it was submitted outside of the time period provided for in Section 41 (6) of the 2015 Act.

CA-00065573-002 - Section 27 of the Organisation of Working Time Act, 1997

I find that I do not have jurisdiction to consider this complaint where it was submitted outside of the time period provided for in Section 41 (6) of the 2015 Act.

CA-00065573-003 - Section 28 of the Safety, Health & Welfare at Work Act, 2005

I find that I do not have jurisdiction to consider this complaint where it was submitted outside of the time period provided for in Section 41 (6) of the 2015 Act.

CA-00059885-002 - Section 6 of the Payment of Wages Act, 1991

I find that I do not have jurisdiction to consider this complaint where it was submitted outside of the time period provided for in Section 41 (6) of the 2015 Act.

CA-00065573-001 - Section 6 of the Payment of Wages Act, 1991

I find that I do not have jurisdiction to consider this complaint where it was submitted outside of the time period provided for in Section 41 (6) of the 2015 Act.

CA-00065573-002 - Section 27 of the Organisation of Working Time Act, 1997

I find that I do not have jurisdiction to consider this complaint where it was submitted outside of the time period provided for in Section 41 (6) of the 2015 Act.

CA-00065573-003 - Section 28 of the Safety, Health & Welfare at Work Act, 2005

I find that I do not have jurisdiction to consider this complaint where it was submitted outside of the time period provided for in Section 41 (6) of the 2015 Act.

Time