Complainant

Respondent

Parties

Nataliya  Vladimirova

Castle Dargan Hotel Icon Spa

Representatives

Self-Represented

Rebecca Curley Solicitor, Galvan Horan Solicitors

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00073091-001

03/07/2025

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 and a witness for the respondent undertook to give evidence under affirmation.

The hearing took place with the assistance of an interpreter provided by the WRC.

The complainant submitted that she was employed by the respondent from April 2022 until 18 April 2024.  She submitted that the employer deducted funds from her salary to pay for the provision of accommodation.  She stated that she never signed a rental agreement nor other document permitting deductions from her salary.

The complainant confirmed that the last deductions were made on 18 April 2024 and also confirmed that the deductions amounted to €7,500 as per communication from the respondent’s accountant.

The respondent submitted that the complaint is out of time and is therefore statute barred and that the Adjudication Officer lacks jurisdiction to hear the claim.

It was noted that the statutory provision under Section 41(6) of the Workplace Relations Act 2015 outlines that a complaint must be presented within 6 months of the alleged contravention. Under Section 41(8) of the Act, this period may only be extended to a maximum of 12 months where a complainant demonstrates reasonable cause for the delay. It was submitted that there is no discretion for an Adjudication Officer to extend beyond this period.

The respondent noted that the last possible date of the alleged contravention was 18 April 2024, that the 6-month limit expired on 18 October 2024, and that the maximum 12-month limited expired on 18 April 2025. 

The respondent submitted complaint was lodged with the WRC on 3 July 2025 and accordingly the Adjudication Officer cannot entertain a complaint presented outside the 12-month limit. 

The respondent submitted that the matter is statute-barred and must be dismissed.

The complainant confirmed that the last date of deductions from her salary was 18 April 2024.  She also confirmed that her complaint was lodged on 3 July 2025.

Section 41(6) of the Workplace Relations Act 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.

…

(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 oral evidence of the complaint that the last date of contravention was 18 April 2024, to the fact that the complaint was lodged on 3 July 2025 and to the provisions of the legislation, I find that I am precluded from entertaining this complaint as it was presented outside the time limit set down in the Workplace Relations Act, 2015.

Having regard to all the written and oral evidence presented in relation to this complaint, my decision is that I am precluded from entertaining this complaint as it was presented outside the time limit laid down in the Workplace Relations Act, 2015.

Payment of Wages Act – time limits contained in Workplace Relations Act – precluded from entertaining the complaint.