ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007115
Parties:
| Complainant | Respondent |
Anonymised Parties | A Barrista Assistant | A Coffee Company |
Representatives | Self Represented | A Barrister |
Complaint(s):
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-00009693-001 | 14/02/2017 |
Date of Adjudication Hearing: 08/06/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Location of Hearing: The Radisson Blu Hotel, Limerick
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, 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).
Background:
The Complainant was alleging unfair dismissal. |
Summary of Complainant’s Case:
The Complainant was employed from November 1st 2016 to February 2nd 2017. She alleged that she was dismissed when she informed the Manger that she had a pain in her back due to being pregnant and asked to be put on light duties.
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Summary of Respondent’s Case:
The Complainant did not submit her claim against an appropriate entity and the Adjudicator had no jurisdiction to hear the claim. The Company Representative submitted pay slips, given to the Complainant, showing the correct legal name of the Employer and submitted that the Complainants case was not legally capable of proceeding as a result. |
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.
The claim was submitted to the WRC on a form naming the employer as “Gloria Jeans”. There is no legal entity or employer registered as “Gloria Jeans” and the Complainant was not employed by a company with the name “Gloria Jeans”. As a result I have no jurisdiction to issue a decision on the original claim in this case and the claim is not well founded as a result.
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Dated: 10th July 2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Unfair Dismissal |