ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00005734

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00008015-001	06/11/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00008015-002	06/11/2016

Date of Adjudication Hearing: 31/01/2017

Workplace Relations Commission Adjudication Officer: John Tierney

Location of Hearing: Room G.06 Lansdowne House

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012, and/or Part VII of the Pensions Acts 1990 - 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations Acts 1969] 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 is seeking payment of notice under the Payment of Wages Act

Summary of Complainant’s Case:

The Claimant was employed as a parliamentary assistant from March 2015 until May 2016.He was not paid notice in lieu when his employment terminated.

Summary of Respondent’s Case:

The Claimant’s contract was a fixed term one as his appointment was co-terminous with the Minister. It also advised that the contract would terminate not later that the date on which the Minister who made the appointment ceased to hold office.

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 submissions of both parties. The Claimant’s contact states that his appointment; will terminate not later than the date on which the Officeholder who made the appointment ceases to hold the office by reference to which he or she is an Officeholder. The Claimant was aware at all times that the Government had fallen and therefore was on notice. I do not find the claim well founded and it falls.

Dated: 17^th May 2017

Workplace Relations Commission Adjudication Officer: John Tierney