Coolmore Stud (Represented by Arthur Cox) v William Jones

JurisdictionIreland
CourtLabour Court (Ireland)
Docket NumberFULL RECOMMENDATION DETERMINATION NO.DWT187 ADJ-00002932 CA-00003535-001/002
Date24 April 2018

Labour Court (Ireland)

FULL RECOMMENDATION

WTC/17/58

DETERMINATION NO.DWT187

ADJ-00002932 CA-00003535-001/002

PARTIES:
Coolmore Stud (Represented by Arthur Cox)
and
William Jones
DIVISION:

Chairman: Ms Jenkinson

Employer Member: Ms Doyle

Worker Member: Mr Hall

SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997

SUBJECT:
1

1. Appeal Of Adjudication Officer Decision No: ADJ-00002932 CA-00003535/001/002

BACKGROUND:
2

2. The Worker appealed his case to the Labour Court on the 19 September 2017, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 10 April 2018. The following is the Determination of the Court:

DETERMINATION:
3

This is an appeal by Mr William Jones (the Appellant) against a Decision of an Adjudication Officer ADJ-00002932, CA-00003535-001/002 under the Organisation of Working Time Act 1997 (the 1997 Act) against his former employer Coolmore Stud (the Respondent). The Adjudication Officer found that the complaint under the 1997 Act was out of time and statue barred and therefore she declined jurisdiction. The Complainant appealed against that Decision. The Appellant made his appeal to the Court on 18 th September 2017.

4

The Appellant was employed by the Respondent from January 2006 until his retirement on 16 th January 2015. He referred a complaint to the Workplace Relations Commission on 22 nd March 2016 alleging breaches of the Act for the period he was employed.

5

Preliminary Issue

6

The Respondent raised a preliminary issue that the claim was submitted outside the time limit prescribed by Section 41(6) of the Workplace Relations Act 2015 (the 2015 Act).

7

The Law

8

The Act of 2015 at Section 41 (6) and 41(8) provides as follows

41(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.

41(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...

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