ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00060613
Parties:
| Complainant | Respondent |
Anonymised Parties | A Complainant | A Respondent |
Representatives |
| Caitriona Montague Alastair Purdy LLP |
Complaint(s):
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-00072665-001 | 21/06/2025 |
Date of Adjudication Hearing: 23/10/2025
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 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.
A hearing on the above matter took place 23 October 2025 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. I ended the hearing before any matters of substance were ventilated. I ended the hearing because of my concerns about the Complainant’s demeanour and behaviour during the opening minutes of the hearing.
Having considered the matter and in light of communications I received from the Complainant after the hearing, I decided to dispose of the case on written submissions only as per s.47 of the Workplace Relations Act, 2015. Both parties were informed of my decision by correspondence dated 7 November 2025. The parties were given 42 days from the date of the letter to object to the case being dealt with in this manner. No objections were received.
Anonymisation
Section 41 of the Workplace Relations Act, 2015 states:
(14) (a) Subject to paragraph (b), the Commission shall publish on the internet in such form and in such manner as it considers appropriate every decision of an adjudication officer under this section.
(b) In publishing a decision under paragraph (a), an adjudication officer may determine that, due to the existence of special circumstances, information that would identify the parties in relation to whom the decision was made should not be published by the Commission.
I believe there to be the existence special circumstances in this case and therefore, I have decided to anonymise the parties.
Background:
The Complainant commenced employment with the Respondent in 2008. His employment ended on 4 December 2024. |
Preliminary Point
The Respondent submits that the complaint lodged under the Unfair Dismissals Act was submitted to the WRC on 21 June 2025. The Complainant’s employment had been terminated with effect from 4 December 2024. Therefore, the claim under the Unfair Dismissals Act was lodged outside the statutory six-month limitation period and is out of time. Therefore, the matter should be dismissed as the WRC does not have jurisdiction to hear such a complaint.
Findings and Conclusions:
This complaint pursuant to Section 8 of the Unfair Dismissals Act, 1977, was received by the Workplace Relations Commission on 21 June 2025. The Complainant’s employment ended on 4 December 2024. Section 41 of the Workplace Relations Act 2015 provides: (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. This complaint was received outside the normal time limit as specified in section 41(6) of the Workplace Relation Act, 2015. No explanation was provided by the Complainant for the delay in lodging the complaint with the WRC. The complaint is out of time, and I do not have jurisdiction to hear it.
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Decision:
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.
The complaint under the Unfair Dismissals Act is out of time and I do not have jurisdiction to hear it.
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Dated: 13-04-26
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
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