ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001590

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 27/04/2016

Workplace Relations Commission Adjudication Officer: John Tierney

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

The Claimant’s initial contract was for the period 17 June 2014 to 17 June 2015. The operation of the Unfair Dismissal Act was not excluded. The Claimant outlined events surrounding the renewal of her contract and the difficulties she experienced. It was submitted that by August 2015 she was a permanent employee as her conract6 had expired in June 2015. She received a termination notice dated 22 July 2015.

It is alleged by the Respondent that she in fact left employment by not accepting the second fixed term contract – as of August 2015 – being now a permanent employee.

Respondent’s Submission and Presentation:

The Respondent outlined the events that occurred leading up to the proposed second contract with the Claimant. On 2 October 2015 received an email from her stating that she was disappointed at her dismissal because of her complaint against the Respondent and requesting a reference. The Respondent did not fully understand why she was saying these things as she clearly agreed she had refused her second contract on 27 April 2015 and was not dismissed.

Her complaint against the Respondent was made on 14 August 2015 which was after she had refused her second contract. The Respondent contracted the company’s HR consultant replied to the Claimant’s email and provided a reference. The consultant had already investigated her complaint.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

[Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

Section 9(3) of the Protection of Employees (Employers’ Insolvency) Act, 1984 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9(4) of that Act.

Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.

Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.]

Issues for Decision:

Did a dismissal take place?

Legislation involved and requirements of legislation:

Section 8 of the Unfair Dismissals Act 1977.

Decision:

I had considered the submissions of both parties. The Minimum Notice claim was withdrawn. There were protracted conversations between the parties since the issuing of the second contract on 27 April 2015. The fact of the matter is the Claimant refused the offer of the second contract. Therefore a dismissal did not take place.

I do not find the claim well founded and it fails.

Dated:   9-11-2016