ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054537
Parties:
| Complainant | Respondent |
Anonymised Parties | A Marketing Assistant | A Specialist Roofing company. |
Representatives | Mr Cillian Forde /Mac Gollarnath | Ms Nicola Murphy of Peninsula Business Services Ireland |
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-00066443-002 | 03/10/2024 |
Date of Adjudication Hearing: 26/03/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991following the referral of the complain 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered by the Parties but not deemed necessary.
A related Industrial Relations Act, 1969 dispute was also heard simultaneously.
Background:
The issue in contention was a claim by the Complainant , a Marketing Assistant, that the agreed at interview rate of €39,000 per annum was not paid (€750 per 40-hour week). Instead, he was paid €550 per week. The employment began on the 5th September 2023 and ended when he was dismissed on the 6th September 2024. He was claiming the difference in the two rates for the period of employment - 50 weeks by €200 = €10,000. A question over Visa applications was prominent in the case . |
1: Opening Legal Argument – Time Limits for Complaints under the Act.
The Respondent Representative Ms Murphy of Peninsula argued both orally and in her written submission that the Payment of Wages Act ,1991 is governed by the Workplace Relations Act,2015.
Section 41 (6) of that Act states
(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
Underline by Adjudication Officer
The Complainant stated that the “Contravention” began from day one of the employment - the 5th September 2023.
Accordingly, the Respondent argued that the Complaint, lodged on the 3rd October 2024, has to be out of time on the six months grounds and also any allowed extension ( if applied for) to 12 months under Subsection 8 of Section 41 of the 2015 Act.
Industrial relations practice has, in the past, had Complainants lodge multiple claims for ongoing, monthly, contraventions to ensure that the Wage complaint was kept in the time limit. This did not happen here.
The Complainant argued that the Contravention had been ongoing and as a non-national he was not familiar with Irish Law.
Adjudication View
Regrettably for the Complainant the Adjudication view has to be that Section 41(6) of the Workplace Relations Act applies. In the absence of repetitive claims for ongoing “Contraventions” the complaint cannot be deemed Legally Properly Founded. It cannot proceed.
2: Findings and Conclusions:
As discussed in the Opening Legal Arguments the complaint by virtue of Section 6 of the Workplace Relations Act,2025 cannot be deemed Legally Properly Founded. It cannot proceed. |
3: Decision:
Section 41 of the Workplace Relations Act 2015 & Section 6 of the Payment of Wages Act, 1991requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.
CA: CA-00066443-002
The Complaint is “out of time” by Section 41 (6) of the Workplace Relations Act 2015 and cannot be deemed properly Legall Founded.
It cannot proceed.
As a general point I would draw the attention of all Parties to Section 72 of the Workplace Relations Act,2015 but make no further comment.
Dated: 23rd May 2025.
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Time limits, Payment of Wages Act. |