Case Number: ADJ -00005623 and ADJ-00005624. Workplace Relations Commission

• Docket Number: ADJ -00005623 and ADJ-00005624
• Date: 08 March 2017
• Court: Workplace Relations Commission
• Parties: A Packer v Online Retail Outlet

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ -00005623 and ADJ-00005624

Complaints for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaints seeking adjudication by the Workplace Relations Commission under Section 6 of the Payment of Wages Act 1991.	CA-00007648-001 CA-00007859-001	16th October 2016

Date of Adjudication Hearing: 11th January 2017

Workplace Relations Commission Adjudication Officer: Seán Reilly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act 1991following 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.

The Complainant was employed by the Respondent from 9^th November 2015 to 16^th February 2016 and his nett weekly rate of pay was €305.32c. The Complainant was submitting that the Respondent was in breach of his rights and entitlements under Section 5 of the 1991 Act.

Preliminary Issue

A preliminary issue arose in relation to the time limits for the presentation of complaints as laid out in the Payment of Wages Act 1991 and Workplace Relations Act 2015.

Section 6(4) of the Payment of Wages Act 1991 and Section 41(6) of the Workplace Relations Act 2015 provides that a complaint must be presented to the WRC within 6 months of the alleged breach. The complaint was presented to the WRC on 16^th October 2016 and this is more than 6 months after the date that the Complainant’s employment with the Respondent terminated, accordingly the complaint is outside the normal 6 month period for the presentation of complaints ; however the Complainant made submissions that, in accordance with the provisions of Section 41(8) of the Workplace Relations Act 2015, his failure to present the complaint within that period was due to reasonable cause that justified extending that 6 month period by a further 6 months.

The Complainant said that he was attempting to get his unpaid ‘wages’ from the Respondent and his efforts in that context continued for a considerable period, he believed that he was going to be paid all outstanding monies due to him. He said that it was only when it became obvious that these monies would not be forthcoming that it was appropriate to refer his complaints to the WRC. The Complainant submitted that the foregoing constituted reasonable cause that caused the failure to present the complaints within the normal 6 month period and that justified extending that period.

Substantitive Issue: Summary of Complainant’s Case: :

The Complainant submitted...