ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00005724
| Complainant | Respondent |
Anonymised Parties | Relief Kitchen Assistant | Nursing Home |
Complaint:
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-00007987-001 | 04/11/2016 |
Date of Adjudication Hearing: 08/06/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 – 2015 and following the referral of the complaints to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant was employed with the Respondent from 26th January 2013 until she tendered her resignation on 27th November 2016. She was paid €9.60 an hour. The Complainant referred a complaint to the Workplace Relations Commission on 4th November 2016 alleging she had been constructively dismissed by the Respondent on 18th September 2016 Preliminary Issue – Date of Termination The evidence, confirmed by both the Parties at the Hearing, was that the Complainant submitted her Complaint to the WRC under the Unfair Dismissals Act, 1977 – 2015 alleging she had been constructively dismissed by the Respondent on 18th September 2016. The Complainant lodged her complaint with the WRC on 4th November 2016. However the Complainant did not terminate her employment with the Respondent until 27th November 2016 which was acknowledged and accepted by the Respondent in a letter dated 28th November 20916 which was sent by email to the Complainant. Section 1(1) of the Act defines what is commonly described as “constructive dismissal” as follows – (b) the termination by the employee of his contract of employment with his employer, whether prior notice was or was not given to the employer, in circumstances in which, because of the conduct of the employer, the employee was or would have been entitled, or it was or would have been reasonable for the employee to terminate the contract of employment without giving prior notice of the termination to the employer”. |
Decision:
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 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.
In accordance with Section 8(1)(c ) of the Act I declare I do not have jurisdiction to hear this complaint as the complaint was lodged with the WRC on 4th November 2016 prior to the Complainant terminating the contract of employment with the Respondent on 27th November 2016 |
Dated: 30th August 2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Constructive Dismissal – no jurisdiction complaint lodged prior to resignation |