ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055454
Parties:
| Complainant | Respondent |
Parties | Inese Vizule | Project Fashion Limited |
Representatives | Self-represented | Kevin Callan, Callan HR |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00066758-001
| 17/10/2024 |
Complaint seeking adjudication by the Workplace Relations Commission SI No. 494 of 2004 and Clauses 6 of the EC (Working Conditions of Mobile Workers engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations, 2009-SI No. 377 of 2009 | CA-00066758-002 | 17/10/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00066758-003 | 17/10/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00066758-004 | 17/10/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00066758-006 | 06/11/2024 |
Date of Adjudication Hearing: 12/03/2025
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with section 8 of the Unfair Dismissals Acts 1977 - 2015, section 41 of the Workplace Relations Act 2015 and section 79 of the Employment Equality Acts 1998 - 2015, these complaints were assigned to me by the Director General. I conducted a hearing on March 12th 2025, at which I made enquiries and gave the parties an opportunity to be heard and to present evidence relevant to the complaints.
The complainant, Ms Inese Visule, attended alone and represented herself. Her former employer, Project Fashion Limited, was represented by Mr Kevin Callan of Callan HR. Witnesses for the company were the directors, Mr Paul Kealy and Ms Paula Kealy and the manager, Ms Amanda Ní Caba.
Preliminary Issue: Time Limit for Submitting Complaints
Project Fashion Limited (“the respondent”), is a business engaged in providing fashion design and sewing classes to children in community venues around Ireland. The company was established in 2015 and now employs around 40 people. The complainant commenced working with them on January 31st 2017. When she started, she was recruited at €10.00 per hour, but this was reduced to €9.25 when she went onto a “Job Plus” scheme. She resigned on April 11th 2024, following a dispute with her employer about a change to the date on which wages are paid each month and about the requirement for employees to upload a work-related application on their personal phones. When the complainant terminated her employment, she was a senior tutor and her hourly rate of pay was €17.00. A complaint form with the complaints listed at numbers CA-00066758-001 to CA-00066758-004 above was sent to the WRC on October 17th 2024. On November 8th 2024, the complainant added complaint number CA-00066758-006, under the Unfair Dismissals Act 1977. On behalf of the respondent, Mr Callan argued that I have no authority to investigate these complaints, because they have been submitted outside the statutory time limit of six months within which complaints must be submitted to the WRC. At the opening of the hearing, I asked the complainant to provide a summary of the issues under each complaint heading. CA-00066758-001: Complaint under the Organisation of Working Time Act 1997 The complainant said that this complaint is about Sunday working. She said that she worked some Sundays a few years ago. In the documents she submitted in preparation for the hearing, she included an email from one of the directors dated Sunday, July 7th 2019. This email was sent to the complainant’s personal email address. Among various instructions, she was instructed to “collect stuff” on Sunday July 14th. The email indicates that the “stuff” is comprised of eight sewing machines, a speaker, a toolbox, patterns and a banner. I explained to the complainant that this complaint cannot be considered for adjudication because the contravention occurred in 2019 and more than six months before she submitted her complaint to the WRC. CA-00066758-002: Complaint under SI No. 494 of 2004 and Clauses 6 of the EC (Working Conditions of Mobile Workers engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations, 2009-SI No. 377 of 2009 The complainant said that this complaint is about breaks at work. However, it has been submitted under a statutory instrument that applies to employees who work in the cross-border railway sector. I explained to the complainant that I could not consider this complaint, because, apart from the issue of the time limit, it has been submitted under the wrong legislation. CA-00066758-003: Complaint under the Terms of Employment (Information) Act, 1994 The complainant claims that she did not agree to a change to her terms and conditions of employment when the company introduced a change to the timing of the payment of monthly wages. I understand from the respondent’s submission that this change occurred in June 2023. At the hearing, Ms Kealy said that, because the complainant did not agree with the change, she continued to pay the complainant on the last Friday of each month and the change did not apply to her. CA-00066758-004: Complaint under the Employment Equality Act 1998 The complainant said that this complaint is about equal pay. She claims that, in 2017, she was paid less than employees who just started in the company. I explained to the complainant that this complaint was considerably outside the time limit within which I have authority to make an enquiry. CA-00066758-006: Complaint under the Unfair Dismissals Act 1977 The complainant resigned from her job on April 11th 2024. Seven months later, on November 8th 2024, she included a complaint of unfair dismissal in the list of complaints above, which were submitted on October 17th. At the hearing, the complainant said that, in September 2024, she looked for advice from the Citizens Information Service about her grievances with her former employer and that she was advised that, although the time limit had passed, her complaints would be considered. I accept that, as a lay litigant, the submission of a complaint to the WRC can be daunting. Also, the complainant is not a native English speaker and she explained that she is the sole carer of her son, who has special needs. Having said that, there are numerous instances where individuals in similar circumstances manage to submit complaints within the statutory time limit and the complainant submitted no exceptional cause to explain why her complaint was submitted late. |
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.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
CA-00066758-001: Complaint under the Organisation of Working Time Act 1997 CA-00066758-002: Complaint under SI No. 494 of 2004 and Clauses 6 of the EC (Working Conditions of Mobile Workers engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations, 2009-SI No. 377 of 2009 CA-00066758-003: Complaint under the Terms of Employment (Information) Act, 1994 CA-00066758-004: Complaint under the Employment Equality Act 1998 CA-00066758-006: Complaint under the Unfair Dismissals Act 1977 I decide that I have no jurisdiction to adjudicate on these complaints because they have been submitted outside the time limit prescribed at section 41(6) and (8) of the Workplace Relations Act 2015. |
Dated: 02/05/2025
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Time limit for submitting a complaint |