ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051891
Parties:
| Complainant | Respondent |
Parties | Christine O Brien | Blackpool/Glen/Farranree Community Training Centre Training Center |
Representatives | Self-represented | Represented on 14/01/2025 No attendance on 26/03/2025 |
Complaints:
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-00059370-002 | 12/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Schedule 2 of the Employment Permits Act, 2024 | CA-00059370-003 | 12/10/2023 |
Date of Adjudication Hearing: 14/01/2025 and26/03/2025
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following 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.
The matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.
Background:
The Complainant submitted a complaint under the Unfair Dismissals Act that she was constructively dismissed from her job on 5th March 2016. She submitted a further complaint of penalisation. The narrative in her complaint form stated that she was penalised for making a complaint regarding work permits. This was classified under the Employment Permits Act 2024. The narrative further contains a complaint of penalisation following a report of bullying and harassment and that this complaint was under the Safety, Health and Welfare at Work Act 2000.
Summary of Complainant’s Case:
The Complainant was employed as a Training Instructor from 13th February 1995. Her last day at work was 5th March 2016. She outlined the circumstances where she could not return to the workplace in light of her treatment by a fellow worker. She contended that she made a complaint to the Respondent and no investigation was carried out.
Summary of Respondent’s Case:
The Respondent stated at the first hearing that these matters were statute barred as the Complainant had been on sick leave for over 9 years.
Findings and Conclusions:
CA-00059370-002 Unfair Dismissals Act 1977
The Complainant has been on sick leave since 5th March 2016 and by her own account, has not been in the workplace since that date. There is no evidence of a dismissal or resignation.
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.
Section 41 (8) provides:
“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 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”.
I find that this complaint is out of time and there is no jurisdiction to rule on the complaint.
CA-00059370-003 Employment Permits Act, 2024 and/or Safety, Health & Welfare at Work Act 2000
This complaint under the Employment Permits Act is misconceived. Both complaints received on 12th October 2024 refer to matters a number of years before that date.
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.
Section 41 (8) provides:
“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 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”.
I find that this complaint is out of time and there is no jurisdiction to rule on the complaint.
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.
CA-00059370-002 Unfair Dismissals Act 1977
I have decided that the complaint is out of time and I have no jurisdiction.
CA-00059370-003 Employment Permits Act, 2024 and/or Safety, Health & Welfare at Work Act 2000
I have decided that the complaint is out of time and I have no jurisdiction.
Dated: 22/05/25
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Unfair Dismissal, out of time. |