Solly Whites Ltd (Represented by Ferrys Solicitors) v Omar Bux

• Jurisdiction: Ireland
• Judgment Date: 22 January 2018
• Judgment citation (vLex): [2018] 1 JIEC 2201
• Court: Employment Appeal Tribunal (Ireland)
• Docket Number: ADJ-00015005,FULL RECOMMENDATION,DETERMINATION NO.PWD192
• Date: 22 January 2018

Labour Court

FULL RECOMMENDATION

PW/18/71

DETERMINATION NO.PWD192

ADJ-00015005

PARTIES :

Solly Whites Limited (Represented by Ferrys Solicitors)

and

Omar Bux

DIVISION :

Chairman: Mr Foley

Employer Member: Ms Connolly

Worker Member: Ms Treacy

SECTION 7(1), PAYMENT OF WAGES ACT, 1991

SUBJECT:

1 1. Appeal Of Adjudication Officer Decision no ADJ-00015005.

BACKGROUND:

2 2. This is an appeal of an Adjudication Officer’s Decision no ADJ-00015005 made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 8 January 2019 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court’s Determination:

DETERMINATION:

Background

3 This matter comes before the Court as an appeal by the Respondent at first instance, Solly Whites Limited (the Respondent), against the decision of an Adjudication Officer in a complaint made by Omar Bux (the Claimant) under the Payment of Wages Act, 1991 (the Act).

4 The Adjudication Officer, in a decision dated 16 ^th October 2018, determined that the Respondent had breached the Act and awarded compensation in the amount of €4,000.

Discussion and Conclusions

5 The Claimant in the within matter did not attend the hearing of the Court. The Court is satisfied, on the basis of a written communication from the Claimant to that effect, that the Claimant was aware of the date and time of the hearing.

6 The Claimant’s employment terminated in September 2017. The within complaint was made to the Workplace Relations Commission on 31 ^st May 2018. The Respondent has submitted that the within complaint was made outside of the time limit of six months set out in the Act for the making of a complaint.

7 The within complaint was made some eight months following the last potential date upon which a breach of the Act could be contended for.

8 In those circumstances, and in the absence of any submission from the Complainant on the matter, the Court must find that the within complaint is out of time.

Determination

9 The complaint was made outside of the time limit allowed under the Act for the making of a complaint. The appeal succeeds and the decision of the Adjudication Officer is set aside.

10 The Court so determines

Signed on behalf of the Labour Court

Kevin Foley

CR______________________

22 January, 2018Chairman