ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00003057
Parties:
| Complainant | Respondent |
Anonymised Parties | An Operative | A Fuel 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-00004404-001 | 10/05/2016 |
Date of Adjudication Hearing: 05/04/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
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).
Summary of Complainant’s Case:
The Complainant claimed an Unfair Dismissal with effect from the 29th April 2016. |
Summary of Respondent’s Case:
The actual Dismissal is in doubt. The Complainant remains an employee of the Respondent. |
Findings and Conclusions:
Following discussions at the Oral hearing it was accepted that no actual Dismissal had taken place. The Complainant remains an employee. Accordingly the Unfair Dismissal claim has no standing and has to be struck out. |
Decision:
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim.
Act | Complaint/Dispute Reference No. | Decision |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00004404-001 | Claim struck out. No Dismissal had ever taken place. |
Dated: 31 May 2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
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