PWD2619

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00053174 (CA-00065261-001)

BACKGROUND:

This is an appeal of an Adjudication Officer’s Decision made pursuant to the Payment of Wages Act,1991.

The appeal was heard by the Labour Court in accordance with Section 44 of the Workplace Relations Act, 2015 on 23 June 2026.

The following is the Court's Decision:

DECISION:

Background to the Appeal

This is an appeal by Ms Lyu Lu from a decision of an Adjudication Officer (ADJ-00053174 CA-00065261-001, dated 11 March 2025) under the Payment of Wages Act 1991 (‘the Act’). Notice of Appeal was received in the Court on 1 April 2025. The Court heard the appeal in Cork on 23 June 2026.

Brief Factual Background

The Complainant was employed by Kildare Chilling Company from 23 March 2020 as an experienced Meat Processor Operative. Kildare Chilling Company was acquired by Dawn Meats Ireland Unlimited Company (‘the Respondent’) in September 2024. The Complainant was dismissed from her employment on 12 January 2024 and paid four weeks’ pay in lieu of notice. She availed herself of the appeals process which became quite protracted. The Complainant awaited the conclusion of the internal appeals process in July 2024 before referring the within complaint to the Workplace Relations Commission on 7 August 2024.

The Complaint

The Complainant submits that she was required to pay a ‘recruitment fee’ of €26,000.00 to Kildare Chilling Company when she commenced employment with it in 2020.

Section 5(1) of the Act provides for a limited range of deductions which an employer may lawfully make from an employee’s wages; it similarly puts restrictions on the payments that may be received by an employer from an employee.

The Respondent submits that it had no prior knowledge of this payment and that as soon as the matter was brought to its attention by the Complainant it had referred it to An Garda Siochana. The Respondent further submits that as the alleged payment was made by the Complainant prior to the commencement of her employment in 2020, any complaint under the Act in respect of it is statute-barred.

Time Limit Issue

Sections 41(6) and 41(8) of the Workplace Relations Act 2015, respectively, provide:

“(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.”

Application

The payment that the Complainant submits she was required to make to Kildare Chilling in 2020 and which she alleges is a payment that is not permitted by section 5 of the Act falls well outside of the period comprehended by this complaint even when that period is enlarged to twelve months for reasonable cause. It follows, therefore, that the complaint is out of time.

The appeal fails.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
CC	______________________
13/07/2026	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Ceola Cronin, Court Secretary.