ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001218

Complaints for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00001604-001	17/12/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00001604-002	17/12/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00001604-003	17/12/2015
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003	CA-00001604-004	17/12/2015
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003	CA-00001604-005	17/12/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00001604-006	17/12/2015
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003	CA-00001604-008	17/12/2015

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.

Complainant has been employed by the Named Unemployment Centre since March 2005 on a Community Employment Scheme. The Complainant referred a complaint to the Workplace Relations Commission on 17^th December 2015 alleging the Trustees of the Named 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 Sections 17 and 21 of the Organisation of Working Time Act, 1997 – 2015 and had breached Section 9 of the Protection of Employees (fixed-Term Work) Act, 2003 – 2015.

Preliminary Issue

The same complaints were lodged against a Minister of a Government Department – against the Named Unemployment Centre and against the Trustees of the Named Unemployment Centre where the Complaint is employed on a Community Employment Scheme.

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

Decision: The Complainant has been employed since 2005 by the Named Unemployment Centre and this has been confirmed by both Parties at the Hearing. The named individuals are Trustees of the Unemployment Centre and they are therefore not the Employer of the Complainant who both Parties confirmed at the Hearing is employed by the Unemployment Centre.

Accordingly the complaints against the named individuals are not well founded as there was no evidence presented to me as the Adjudicator at the Hearing that the named individuals were the Employer of the Complainant.

Date:30^th June 2016