ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004631

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

Date of Adjudication Hearing: 29/11/2016

Workplace Relations Commission Adjudication Officer: Joe Donnelly

Procedure:

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

Complainant’s Submission and Presentation:

Respondent’s Submission and Presentation:

The complainant is a direct employee of the respondent.

Decision:

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

Decision:

This case was listed for hearing in conjunction with ADJ 00003068 and ADJ 00004630. A central preliminary issue was in relation to who was the complainant’s employer and the filing of the complaints contained in ADJ 00004631 was done on the basis that there was uncertainty in this regard. Through direct evidence and documentation the respondent established that they directly employed the complainant. The hearing then proceeded on that basis with no evidence or submissions being made with regard to the complaints under the Protection of Employees (Temporary Agency Work) Act, 2012.

The complaints, CA-00006301-001 and CA-00006301-003 accordingly fail.

Dated:   12^th April 2017