Coolmore Stud (Represented by Arthur Cox) v William Jones

• Jurisdiction: Ireland
• Judgment Date: 23 April 2018
• Judgment citation (vLex): [2018] 4 JIEC 2303
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.TED185 ADJ-00002932 CA-00003535-003
• Date: 23 April 2018
• Court: Labour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

TE/17/44

DETERMINATION NO.TED185

ADJ-00002932 CA-00003535-003

PARTIES:

Coolmore Stud (Represented by Arthur Cox)

and

William Jones

DIVISION:

Chairman: Ms Jenkinson

Employer Member: Ms Doyle

Worker Member: Mr Hall

SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014

SUBJECT:

1 1. Appeal Of Adjudication Officer Decision No: ADJ-00002932 CA-00003535-003.

BACKGROUND:

2 2. This is an appeal under Section 8(1) of the Terms of Employment (Information) Acts, 1994 to 2012. A Labour Court Hearing took place on 10 April 2018. The following is the Court's Determination:

DETERMINATION:

3 This is an appeal by Mr William Jones (the Appellant) against a Decision of an Adjudication Officer ADJ-00002932, CA-00003535-003 under the Terms of Employment (Information) Act 1994 (the 1994 Act) against his former employer Coolmore Stud (the Respondent). The Adjudication Officer found that the complaint under the 1994 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 that he was not notified in writing of changes to his conditions of employment for the period he was employed.

Preliminary Issue

5 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).

The Law

6 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 reasonable cause .

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