ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002286
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00003084-001 | 08/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 | CA-00003084-002 | 08/03/2016 |
Date of Adjudication Hearing: 21/11/2016
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and or section 7 of the Terms of Employment (Information) Act, 1994 and or Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 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).
This case was closely associated with ADJ 2199 and should be read in association with that case.
Complainant’s Submission and Presentation:
In Sept 2014 I was employed as an Information Assistant but following a period of training, supervision and assessment was awarded a certificate and acknowledged as an Autonomous Information Provider. I have not received an amended contract or pay parity with Information Officers. Although this is a CE scheme with another Respondent Project Ltd, (called Respondent A) Respondent B (the party in this case) CIS are a major sponsor and hold directorships in the CE Project company. The Department of Social Protection CE Procedures Manual states that It is the Sponsors responsibility to be familiar with all relevant employment legislation. |
In Sept 2014 I was employed as an Information Assistant but following a period of training, supervision and assessment was awarded a certificate and acknowledged as an Autonomous Information Provider. I have not received an amended contract or pay parity with Information Officers. Although this is a CE scheme with Respondent A. Project Ltd, Respondent B CIS are a major sponsor and hold directorships in the CE Project company. The Department of Social Protection CE Procedures Manual states that It is the Sponsors responsibility to be familiar with all relevant employment legislation. |
Respondent’s Submission and Presentation:
The Respondent was not the employer of the Complainant and is accordingly not liable in this action. He was employed on a Community Employment Scheme by Respondent A and not by the Respondent listed in this case – called Respondent B.
Decision:
Section 41(4) of the Workplace Relations Act 2015 2015 and or section 7 of the Terms of Employment (Information) Act, 1994 and or Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts..
Issues for Decision:
Was the Complainant an employee of the Respondent (B) listed in this case?
Legislation involved and requirements of legislation:
Workplace Relations Act, 2015 and the Terms of Employment (Information) Act, 1994 and or the Protection of Employees (Part-Time Work) Act, 2001
Decision:
The evidence, contracts of employment with Respondent A, clearly indicates that the Respondent in this Adj 2286 – called Respondent B was not the Employer of the Complainant.
Accordingly the claims under both Complaints (CA-00003084-001 and CA-00003084-002 ) are not well founded and have to fail.
Dated: 5th April 2017