Case Number: ADJ-00000368. Workplace Relations Commission

• Judgment Date: 01 March 2016
• Court: Workplace Relations Commission
• Docket Number: ADJ-00000368
• Parties: An Employee -v- An Employer

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000368

1. Complaint(s)/Dispute(s) for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1946	CA-00000402-001	23/10/2015

Date of Adjudication Hearing: 02/02/2016

Workplace Relations Commission Adjudication Officer: Roger McGrath

2. Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

4. Complainant’s Submission and Presentation:

4.1 The Complainant’s representative presented a detailed written submission. The submission stated that the Complainant had commenced employment with the Respondent in June 2004 and over that time he had never given his employer any reason to doubt his integrity or honesty.

4.2 The Complainant, a foreign national, is required to have a Stamp 4 visa in order to work in Ireland. His visa expired on 1st March 2015, at a time when the legislation regarding student visas was being changed, which resulted in a delay in processing applications.

4.3 On the 3rd March the Complainant spoke with his manager and explained the situation regarding the delay in renewing his visa. He showed his manager information from the Dept. of Enterprise, Jobs & Innovation (DEJI) website which had a note for employers advising them that students affected by the delay could continue to work where an application had been submitted. Despite this the Complainant was placed on unpaid leave.

4.4 On 4th March the Complainant met the company Compliance Manager and gave her a copy of the information from the Department website and a copy of the bank draft for the €1,000 application fee. However, he was not allowed return to paid work.

4.5 On 7th March the Complainant met with the Personnel Manager and submitted the following documents; Visa Extension Application Form, Copy of the Bank draft, and a receipt from An Post dated 3rd March. The Complainant was advised that the documents were insufficient to alter matters and that the company required a letter from the Department confirming that he had applied for a renewed visa. The Complainant was given a letter to send to the Department looking for such confirmation.

4.6 On 24th March the Personnel Manager contacted the Complainant and asked him to bring a copy of the bank draft and a letter confirming the draft had been made to the Department. When the Complainant arrived at work that evening with a copy of the draft and a note from the bank he was permitted to return to work.

...