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WRC dismisses employee’s benchmarking complaint as out of time

By Tadhg O'Sullivan

Workplace Relations Commission ·

The Workplace Relations Commission found an employee’s complaint alleging that a public agency discriminated against him by excluding him from civil service benchmarking was brought outside the time limit and was not well founded; the merits were not decided. Adjudication Officer Pat Brady dated the decision 25 January 2018. The employee said the exclusion denied him benchmarking benefits and argued that he should have received a contract of indefinite duration in 2003. The agency relied on a circular that excluded people paid on a fee, contract or piecework basis, and argued the complaint was late. The WRC identified 2005, when his employment status changed, as the date the alleged contravention arose. He referred the complaint on 17 October 2016, beyond the time limit.

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