ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00055529

Parties:

	Complainant	Respondent
Parties	Helena Brady	Whitney Moore Law Firm LLP

	Complainant	Respondent
Anonymised Parties	{text}	{text}

Representatives

Complaint(s):

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-00067692-001	07/08/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00067692-002	07/08/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00067692-003	07/08/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004	CA-00067692-004	07/08/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000	CA-00067692-005	07/08/2024
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)	CA-00065340-007	07/08/2024
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)	CA-00065340-009	07/08/2024
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)	CA-00065340-013	07/08/2024
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)	CA-00065340-015	07/08/2024

Date of Adjudication Hearing: 13 March 2025 and12 May 2025

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

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 complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

The hearing was scheduled remotely for 13 March 2025. The Complainant was unable to access the hearing on the day due to technical issues. The Respondent attended on the day and highlighted that I did not have jurisdiction to hear the complaints given that the Complainant’s employment had terminated by reason of redundancy on 14 March 2023 and the complaints had been referred to the WRC more than 12 months after that.

The Complainant was in attendance on the second day of the hearing, which was held in person. She stated that her employment with the Respondent ended by reason of involuntary redundancy on 14 March 2023.

Background:

The Complainant commenced her employment as a Legal Executive with the Respondent on 3 October 2016. Her employment ended by reason of involuntary redundancy on 14 March 2023 which she asserts was unfair.

Summary of Complainant’s Case:

Summary of Respondent’s Case:

The Respondent stated that I did not have jurisdiction to hear the complaints given that the Complainant’s employment had terminated by reason of redundancy on 14 March 2023 and the complaints had been referred to the WRC more than 12 months after that.

Findings and Conclusions:

I note that the Workplace Relations Act, 2015 at section 41(6) and section 41(8) provides as follows in respect of time limits:

“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.

“An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the period referred to in subsection (6) or (7) (but not later than six 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.”

Given that the Complainant’s employment with the Respondent ended on 14 March 2023, more than 12 months before these complaints were referred to the WRC, I find that I do not have jurisdiction in respect of these complaints.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

CA-00067692-001: I find that I do not have jurisdiction to hear this complaint for the reason set out above.

CA-00067692-002: I find that I do not have jurisdiction to hear this complaint for the reason set out above.

CA-00067692-003: I find that I do not have jurisdiction to hear this complaint for the reason set out above.

CA-00067692-004: I find that I do not have jurisdiction to hear this complaint for the reason set out above.

CA-00067692-005: I find that I do not have jurisdiction to hear this complaint for the reason set out above.

CA-00065340-007: I find that I do not have jurisdiction to hear this complaint for the reason set out above.

CA-00065340-009: I find that I do not have jurisdiction to hear this complaint for the reason set out above.

CA-00065340-013: I find that I do not have jurisdiction to hear this complaint for the reason set out above.

CA-00065340-015: I find that I do not have jurisdiction to hear this complaint for the reason set out above.

Dated: 17-06-2025

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

Key Words: