ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00008619
| Complainant | Respondent |
Anonymised Parties | A Garage Worker | A Car repair 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-00011269-001 | 12/05/2017 |
Date of Adjudication Hearing: 21/09/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 alleged he was unfairly dismissed. |
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.
At the commencement of the Hearing the Solicitor for the Respondent objected to my jurisdiction to hear the case as he maintained the incorrect Respondent had been named on the RC claim form. On examination of some documents relating to the Complainants employment it was confirmed that the named Respondent on the WRC claim form submitted by the Complainant was not the correct employer of the Complainant. Therefore I had no jurisdiction to hear the case and the claim brought by the Complainant against the named Respondent is deemed not well founded.
Dated: 20 November 2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien