ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001400
Dispute for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00001936-001 | 14/01/2016 |
Date of Adjudication Hearing: 25/07/2016
At: Workplace Relations Commission, Dublin 4.
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 13 of the Industrial Relations Act, 1969, this dispute was referred to me by the Director General and a Hearing was scheduled for 25th July 2015.
Preliminary Issue.
The Complainant confirmed he was the Manager of a Named Café and he was not employed by the Named Respondent of the complaint.
Section 23 of the Industrial Relations Act, 1990 states as follows:
In the Industrial Relations Acts, 1946 to 1976, and this Part, “worker” means any person aged 15 years or morewho has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise……
Decision-CA-00001936-001
In accordance with Section 13 of the Act I declare I do not have jurisdiction to hear this complaint as the Complainant is not a Worker as defined by the Act as he is not employed by the Named Respondent.
Rosaleen Glackin
Adjudication Officer
Date: 20th October 2016