In Ireland, specific time limits, known as statutes of limitations, dictate the period within which complaints must be filed with the Workplace Relations Commission (WRC). These time frames vary depending on the nature of the complaint and the specific legislation involved. If a complaint is not submitted within the applicable time limit, it may be dismissed by the WRC.
For instance, under the Workplace Relations Act 2015, complaints of unfair dismissal must generally be filed within six months of the dismissal date. However, this period can be extended in exceptional circumstances, such as illness or other incapacity that prevented the employee from filing the complaint on time. Similarly, complaints under other employment rights laws, like the Organisation of Working Time Act 1997 or the Payment of Wages Act 1991, also have specific deadlines for submission.
It is crucial for individuals considering filing a complaint with the WRC to be aware of these deadlines and comply with them. Consulting legal advice or reviewing relevant legislation can provide guidance on the applicable time limits and ensure that rights are protected.
Case Study: Employment Dispute with a Contract Cleaning company
In a case involving a complainant who worked as a cleaner for a contract cleaning company since 2013, multiple complaints were lodged under various acts, including the Unfair Dismissals Act 1977 and the Payment of Wages Act 1991. The respondent argued that the complaint regarding an alleged dismissal on March 27, 2020, was filed after the six-month statutory period, thus challenging the jurisdiction of the Adjudication Officer. The respondent further claimed that the complainant's employment had been transferred to another cleaning company due to a lost contract, rather than being terminated.
The complainant countered that there was no clear communication regarding the transfer and faced difficulties contacting the respondent during the pandemic. The Adjudication Officer determined that the complainant's employment had indeed been transferred and was not terminated by the respondent, ruling out unfair dismissal.
Additionally, other complaints related to wage and time act violations were found to be outside the statutory time limits, and therefore, the WRC did not have jurisdiction to address them. The officer concluded that the complaints were either untimely or lacked sufficient evidence, thus siding with the respondent.
Case Study: Employment Issue with a Bakery
In another case involving a bakery, the respondent raised concerns about the timeliness and jurisdiction of the complaint. The adjudicator referred to the Workplace Relations Act 2015, which requires decisions to align with specific redress provisions. The respondent company entered receivership on June 16, 2015, while the complaint was filed on December 20, 2016. Previous issues had been addressed by the WRC in early 2016, with legal representation provided to the claimant at that time.
The relevant law, the Employers’ Insolvency Act, mandates a six-month period for filing complaints. Given that the complainant had access to legal advice and failed to submit within this timeframe, the adjudicator found no reason to extend the limit, resulting in a lack of jurisdiction to hear the complaint.
