Case Number: ADJ-00028126. Workplace Relations Commission

• Judgment Date: 01 January 2021
• Year: 2021
• Date: 01 January 2021
• Docket Number: ADJ-00028126
• Hearing Date: 18 December 2020
• Court: Workplace Relations Commission
• Respondent: A respondent

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00028126

Parties:

	Complainant	Respondent
Anonymised Parties	A complainant	A respondent

Representatives IBEC

Complaint:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00036176-001	15/05/2020

Date of Adjudication Hearing: 18/12/2020

Workplace Relations Commission Adjudication Officer: Conor Stokes

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 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.

Background:

The complainant was employed with the respondent until 28 October 2020. However, this complaint relates to alleged breaches of the Organisation of Working Time Act, 1997 that took place between 5/6 June 2019 and 18/19 November 2019. Two preliminary points were raised by the respondent, the first as to the correct respondent, the second relating to time limits involved in this complaint.

Summary of Complainant’s Case:

Preliminary Issues - Correct respondent The complainant submitted that he incorrectly named the respondent in his initial submission but notified the WRC of the correct respondent by way of email on 18 May 2020. Preliminary Issues – Time-limits The complainant submitted that the time-limits should be extended as there were exceptional circumstances during the six-month period envisaged by the respondent in that he received a redundancy notice and that his mother passed away in the early part of the six-month period outlined in the Act. CA-00036176-001: Organisation of Working Time Act The complainant submitted that a number of breaches of the Organisation of Working Time Act took place in relation to the minimum daily rest period took place between June and November 2019.

Summary of Respondent’s Case:

Preliminary Issues - Correct respondent The respondent accepted that it was the correct respondent but noted that the incorrect respondent was indicated on the initial submission grounding this complaint. Preliminary Issues – Time-limits The respondent indicated that all but the last alleged breach of the Act occurred prior to the six-month time limit laid down in the Act. It also submitted that none of the circumstances described as exceptional by the complainant had not been raised prior to the hearing. Accordingly, it had only prepared defence to the allegations within the timeframe of six months. Should the period be extended, the respondent sought to address those allegations in detail at an appropriate time. CA-00036176-001: Organisation of Working Time Act The respondent submitted that it raised the breaches of the Act with the respondent when they came to its notice and reorganised the scheduling...