ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00057456
Parties:
| Complainant | Respondent |
Parties | Teresa Ann Lennon | Kane Barry Costcutters |
Representatives | Tom Madden THOMAS K MADDEN & CO., SOLICITORS |
|
Complaint(s):
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-00059748-005 | 01/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00059748-006 | 01/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00059748-007 | 01/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00059748-009 | 01/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00059748-010 | 01/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00059748-011 | 01/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00059748-013 | 01/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00059748-015 | 01/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00059748-001 | 01/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00059748-002 | 01/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00059748-003 | 01/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00059748-004 | 01/11/2023 |
Date of Adjudication Hearing: 18/09/2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following 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:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complainant gave her evidence under affirmation. The respondent did not attend the hearing of these matters. |
Summary of Complainant’s Case:
The complainant confirmed that she finished up working with the respondent when the retail outlet closed on 23 October 2022. |
Summary of Respondent’s Case:
The respondent did not attend the hearing of these matters. |
Findings and Conclusions:
The complainant’s employment concluded on 23 October 2022 when the retail outlet closed. A complaint for was submitted on her behalf on 1 November 2023 under cover of a letter dated 31 October 2023. Sections 41(6) & (8) of the Workplace Relations Act outline the time frame for submission of complaints to the Workplace Relations Commission and state 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. … (8) An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of 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. Having regard to the complainant’s testimony, I find that the complaint was presented to the WRC more than 12 months after the date of the contravention to which the complaints relate. |
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 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
Having regard to the written and oral evidence provided in relation to the complaints, my decision is that the complaints were presented outside of the timeframe comprehended by the Acts and accordingly, I am precluded from entertaining them. |
Dated: 19-09-2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Time frame for presentation of complaints – outside 12 months – precluded from entertaining compliants |