ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056624
Parties:
| Complainant | Respondent |
Parties | Precious Ngwenya | Michael Wright Group |
Representatives | In person | HR Manager |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00068465-001 | 07/01/2025 |
Date of Adjudication Hearing: 20/05/2025
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint 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.
Background:
The complainant was employed by the respondent as a Barista from on or about the 15th April 2024 until 28th April 2024. The within complaint was submitted to the Workplace Relations Commission (WRC) on 7th January 2025 and relates to the complainant’s notice entitlements. |
Summary of Complainant’s Case:
The complainant states that she did not receive her notice entitlements when she was dismissed on or about 28th April 2024. The complainant is seeking that she be paid her notice entitlements. |
Summary of Respondent’s Case:
The respondent stated that in circumstances where the complainant was employed for less than 13 weeks, she does not have an entitlement to notice under the provisions of the Act. |
Findings and Conclusions:
The complaint relates to the complainant’s notice entitlements in circumstances where her employment ended on or about 28th April 2024. The complaint was submitted to the Workplace Relations Commission on 7th January 2025. Time Limits Section 41(6) of the Workplace Relations Act, 2015 states as follows: (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. As the complaint was not referred within the statutory six-month period following the complainant’s dismissal, I find that the complaint is out of time. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
The complaint is out of time and is therefore statute barred. |
Dated: 22-05-2025
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Complaint out of time |