ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056553
Parties:
| Complainant | Respondent |
Parties | Antóin Ó Dúllaing | Gaelachas Teoranta t/a Gaelachas Teo |
Representatives | Self-represented | No appearance |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00068791-004 | 22/01/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00068791-006 | 22/01/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00068791-007 | 22/01/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00068791-008 | 22/01/2025 |
Date of Adjudication Hearing: 08/04/2025
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaints 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.
Background:
The Complainant was employed by the Respondent as a Feitheoir Scoil Chonaithe and submitted a number of complaints after the school closed and he was not given his statutory rights.
Summary of Complainant’s Case:
The Complainant was employed by the Respondent as a Supervisor supervising boarding students. His employment commenced on 26 June 2015 and ended on 31 May 2024.
The school closed down in May 2024. The Complainant submitted a number of complaints, some of which were referred to the Inspectorate Division of the Workplace Relations Commission. Complaints received on 02 September 2024 are the subject of a separate adjudication decision. The complaints below were received by WRC on 22 January 2025.
CA-00068791-004 European Communities (Road Transport) (Organisation of Working Time of persons performing mobile road transport activities).
The complaint was received on 22 January 2025. A number of complaints were contained in the narrative in the complaint form, including the employer not keeping statutory records, ignoring his requests for information on his hourly rate and for redundancy.
CA-00068791-006 Organisation of Working Time Act 1997
The complaint is that the Complainant did not receive statutory breaks during his employment.
CA-00068791-007 Unfair Dismissals Act 1977
The complaint is that the Complainant was unfairly dismissed, that he was not told by the employer that he was losing his job.
CA-00068791-008 Minimum notice & Terms of Employment Act 1973
The complaint is that the Complainant did not receive his rights during the period of minimum notice, and he did not receive minimum notice.
Summary of Respondent’s Case:
The Respondent did not attend the hearing.
Findings and Conclusions:
CA-00068791-004 European Communities (Road Transport) (Organisation of Working Time of persons performing mobile road transport activities).
I find that the Complainant was not a person performing mobile road transport activities –
Section 41 (6) of the Workplace Relations Act 2015 provides:
“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.
This complaint was received on 22 January 2025. In accordance with Section 41 of the Act, the cognisable time period is 23 July 2024. Given that the last day of the Complainant’s employment was 31 May 2024, I find that the complaint is out of time and is not well founded.
CA-00068791-006 Organisation of Working Time Act 1997
The complaint is that the Complainant did not receive statutory breaks during his employment.
Section 41 (6) of the Workplace Relations Act 2015 provides:
“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.
This complaint was received on 22 January 2025. In accordance with Section 41 of the Act, the cognisable time period is from 23 July 2024. As the Complainant’s employment ended on 31 May 2024, I find the complaint is out of time and not well founded.
CA-00068791-007 Unfair Dismissals Act 1977
The complaint is that the Complainant was unfairly dismissed, that he was not told by the employer that he was losing his job.
Section 41 (6) of the Workplace Relations Act 2015 provides:
“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.
This complaint was received on 22 January 2025. In accordance with Section 41 of the Act, the cognisable time period is from 23 July 2024. As the Complainant’s employment ended on 31 May 2024, I find the complaint is out of time and not well founded.
CA-00068791-008 Minimum notice & Terms of Employment Act 1973
The complaint is that the Complainant did not receive his rights during the period of minimum notice, and he did not receive minimum notice.
Section 41 (6) of the Workplace Relations Act 2015 provides:
“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.
This complaint was received on 22 January 2025. In accordance with Section 41 of the Act, the cognisable time period is from 23 July 2024. As the Complainant’s employment ended on 31 May 2024, I find the complaint is out of time and not well founded.
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.
Based on the reasons and findings above I have decided that these complaints are out of time and not well founded.
Dated: 19-06-25
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Complaints out of time. |