Roderic O'Gorman (Dublin West, Green Party)
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422. To ask the Minister for Enterprise, Trade and Employment his view on whether the statute of limitations in respect of admissibility of cases to the Workplace Relations Commission should be suspended for historic cases deemed significant to warrant examination; the policy implications of such a change; the rationale for maintaining the present time limitations; and if he will make a statement on the matter. [39334/25]

Alan Dillon (Mayo, Fine Gael)
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The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, and advisory services.

The Workplace Relations Act 2015 sets out time limits within which a complaint under employment law provisions may be referred for adjudication. Section 41 (6) provides that as a general rule an adjudication officer shall not entertain a complaint for adjudication if it has been presented to the Director General of the WRC after the expiration of six months of the alleged contravention to which the complaint relates. This provision is supplemented by section 41 (8) of the Act which provides the adjudication officer may extend that six months’ time limit for up to a further six months where there is a reasonable cause which prevented the person from bringing the complaint within the normal time limit. Given the independence of the WRC, I cannot intervene when the WRC exercises its statutory functions.

The rationale for the time limits to lodge a complaint with the WRC include ensuring fairness by preventing undue delay, which can lead to the deterioration of evidence and make it difficult to recall events accurately. These limits also provide legal certainty to both employees and employers by establishing a clear timeframe for when claims can be made.

The time limits that apply have been set by primary legislation endorsed by the Oireachtas. There are no plans to amend the current provisions.