ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00005795

Parties:

	Complainant	Respondent
Anonymised Parties	Employee	Employer

Representatives

Sean Costello Sean Costello & Company Solicitors

Complaint(s)/Dispute(s) for Resolution:

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-00008042-001	08/11/2016

Date of Adjudication Hearing: 24/01/2017

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 [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 1946 - 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 Respondent raised a preliminary point in regard to when the Claimant became an employee. It was submitted that the Claimant was an independent contractor from September 2015 until April 2016 at which stages he became an employee. Therefore he does have the requisite service to qualify under the Unfair Dismissal Act.

The case was adjourned to allow the Claimant to provide a submission on this preliminary point.

Findings and Conclusions:

I have considered the Claimant’s submission and based on this I have decided that on the balance of probability he did not become an actual employee until in or around April 2016

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.

The Claimant does not qualify to have a case heard under the Unfair Dismissals Act 1977 – 2015 by reason of lack of 12 months service as an employee. I have no jurisdiction in this matter.

Dated: 8^th May 2017

Workplace Relations Commission Adjudication Officer: John Tierney

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