FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014 PARTIES : QSC MEDICAL - AND - GARRY WALSH DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Hall |
1. Appeal of Adjudication Officer Decision No. ADJ-00006454.
BACKGROUND:
2. This is an appeal under Section 44 of the Workplace Relations Act 2015. A Labour Court hearing took place on 4 October 2017. The following is the Determination of the Court:
DETERMINATION:
Mr Gary Walsh (the Complainant) was employed by QSC Medical (the Respondent/Appellant) as a Service Engineer from 3 October 2016 until his employment terminated on 2 December 2016. On 20 December 2016, he submitted a complaint to the Workplace Relations Commission under Section 44 of the Workplace Relations Act 2015.
The Adjudication Officer decided that the Complainant as filed did not “fall within the jurisdiction of the relevant act”. He then went on to decide that the Respondent had failed to provide the Complainant with a contract of employment within the statutory time limits set out in the Act and awarded him compensation in the sum of €750.
The Respondent appealed against that decision to this Court.
The Decision was issued to the parties on 27 April 2017. The appeal was filed with this Court on 29 May 2017. The Case came on for hearing before this Court on 4 October 2017.
The Complaint
The Complainant, in evidence, told the Court that he submitted a complaint to the Workplace Relations Commission regarding the non-payment of an expense claim he submitted to the respondent. He said that he submitted no other claim to the WRC and was pursuing no other claim before this Court.
The Law
The Terms of Employment (Information) Acts, 1994 to 2012 places no obligation on an employer to pay expense claims. The complaint therefore is misconceived and cannot succeed.
Complainant’s Evidence
The Complainant told the Court that the matter that was decided by the Adjudication Officer was not raised by him in those proceedings and was not being pursued before this Court. Accordingly, the Court finds that there was no evidence before it of such a complaint.
Determination
The complaint is misconceived. The decision and award made by the Adjudication Officer does not relate to a complaint made by the Complainant either to the WRC or to this Court.
Accordingly, the Decision of the Adjudication Officer is set aside. The appeal is allowed.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
LS______________________
14 November 2017Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Louise Shally, Court Secretary.