ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001089

Complaints for Resolution:

At:                          Workplace Relations Commission, Haddington Road, Dublin 4

Date of Adjudication Hearing: 09/05/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background.

The Complainant has been employed by a Named Unemployment Centre on a Community Employment Scheme since 2007. The Complainant referred a complaint to the Workplace Relations Commission on 24^th December 2015 alleging the Named Trustees of the Unemployment Centre had breached Section 6 of the Payment of Wages Act 1991 – 2015, had breached Section 3 of the Terms of Employment (Information) Act, 1994 -2015, had breached Section 17 and 21 of the Organisation of Working Time Act, 1997 – 2015 and Section 9 of the Protection of Employees (Fixed-Term Work) Act, 2003 – 2015.

Preliminary Issue.

The Legal Representative of the Complainant stated at the Hearing that it was their understanding that the Named Individuals were Trustees of the Unemployment Centre and they may be the Employer but not sure.

Decision: The Named Individuals cited as the Respondent, are Trustees of the named Unemployment Centre. The Complainant has also taken the same complaints against the Named Unemployment Centre. The onus of proving the correct Respondent for the purposes of the Legislation rests with the Complainant. There was no evidence presented to me as the Adjudicator, at the Hearing that the named individuals who are Trustees of the Named Unemployed Centre are the Respondent for the purposes of these complaints. There is no dispute between the Parties but that the Complainant does have a Contract of Employment under the Community Employment Scheme with the Named Unemployment Centre as one of the Sponsor of the Scheme.

Accordingly the Complaints against the Named Individuals who are Trustees of the Unemployment Centre are not well founded as the Complainant or her Legal Representative did not present any evidence to me as the Adjudicator at the Hearing that these named Trustees were the correct Respondent for the purposes of these complaints. There was no evidence presented that the Complainant had been employed by the Trustees of the Unemployed Centre.

Rosaleen Glackin

Adjudication Officer

Date:____3^rd August 2016