ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005769

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

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00008037-001	07/11/2016

Date of Adjudication Hearing: 26/01/2017

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the abovementioned Act, 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).

Preliminary Issue(s):

The respondent submits that the complainant does not have the required service (12 months) to make a complaint in accordance with the provisions set out at s. 2 of the Act and that she lacks locus standi.

The complainant acknowledges that she has less than one year of service with the respondent.

Decision – Preliminary Issue(s):

It is common case that the complainant had less than 12 months of service with the respondent. She is excluded from making a complaint in accordance with the provisions set out at s. 2 (1) (a) of the Act and therefore I lack jurisdiction to hear the complaint.

Decision:

Based on the above decision I declare that the complaint is not well founded.

Dated: 28/04/2017