ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007718
Parties:
| Complainant | Respondent |
Anonymised Parties | Associate Director | Property Company |
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-00010378-001 | 23/03/2017 |
Date of Adjudication Hearing: 28/06/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Location of Hearing: Room G.04 Lansdowne House
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [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 Claimant’s employment was terminated on 8 March 2017 with three months’ pay in lieu of notice as per his contract. His solicitor lodged his claim for unfair dismissal on 22 March 2017.The Respondent raised a preliminary point under section 1 of the Unfair Dismissals Act stating that the date of the dismissal is 7 June 2017 within the meaning of this section. Therefore, this hearing does not have jurisdiction in the matter. Case law was cited in support of point: Devoren v Flair International Ltd UD 236/1997 and Albulescu v Cuan Tamhnaigh Teo UD 552/2005. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.]
I have considered the preliminary point raised by the Respondent and the case law provided. I accept that the actual date of the dismissal is 7 June 2017 as defined by the Unfair Dismissals Act not the 8 March as claimed by the Claimant. Therefore the matter is not properly before me and I do not have jurisdiction. |
Dated: 11/07/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Key Words:
Unfair Dismissal |