Anatasia Putzier

Premier Recruitment International U.C. t/a Morgan McKinley

Be aware of statutory time frames at the WRC

The Complainant, a Senior Road Engineer, submitted a complaint to the Workplace Relations Commission at the end of September 2023, alleging that their statement of core terms contained false or misleading information and that they had not received the same working conditions as a comparable employee under the Protection of Employees (Temporary Agency Work) Act 2012. The Complainant had initially joined the client company but later reached a compromise agreement with them. The Respondent denied the claims entirely, asserting that the Complainant was never their employee but rather a self-employed contractor for a short period between 8 July 2022 and 26 August 2022. Additionally, the Respondent raised a preliminary objection, arguing that the complaints were submitted outside the permitted timeframe.

The Respondent argued that the complaint was statute-barred under s.41 of the Workplace Relations Act 2015. Even if an extension were granted due to reasonable cause, they contended that the Complainant had not worked for them within the 12 months prior to filing the complaint. The Respondent further asserted that after this period, the Complainant entered a fixed-term contract directly with the client company, a contract for which the Respondent had no involvement or influence. The Complainant stated that she believed she had submitted the required WRC form in mid-August 2022 and thus assumed her complaint was timely. She acknowledged that she had not been paid by the Respondent since 26 August 2022 but argued that the Respondent had facilitated her transition to the client company and should therefore be held liable under the Terms of Employment (Information) Act 1994 and the Protection of Employees (Temporary Agency Work) Act 2012.

The Adjudicator found that the Complainant’s claims were submitted outside the statutory time limits under the Workplace Relations Act 2015 (i.e. the evidence presented by the Respondent established that the Complainant’s last day of engagement with them was 26 August 2022). The Complainant failed to provide any evidence proving ongoing engagement with the Respondent beyond that date. The statutory six-month period for submitting a complaint expired on 26 February 2023, and even if an extension were considered under the "reasonable cause" provision, the absolute deadline was 26 August 2023. The Complainant claimed she submitted her complaint in mid-August 2023, but the official complaint form was signed on 27 September 2023 and recorded as received by the WRC on 30 September 2023. No evidence contradicted this timeline. As a result, the Adjudicator determined that the complaints were out of time and that there was no jurisdiction to hear them.

Employers should:

1. Ensure clarity in contractual relationships, particularly when engaging contractors or agency workers, to avoid potential misclassification claims. It is crucial to maintain thorough documentation of employment status, contract terms, and engagement periods to defend against any disputes.
2. Be aware of statutory time limits for employment-related claims and be prepared to challenge out-of-time complaints.
3. Seek legal advice when drafting contracts to ensure compliance with employment laws and reduce potential liabilities.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2025/february/adj-00049902.html