ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00006937

Parties: 

Complaint(s):

Date of Adjudication Hearing: 23/05/2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 6 of the Payment of Wages Act 1991] 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).

Preliminary Matter of Jurisdiction

It was submitted by the respondent that the claimant was engaged on a contract for service and consequently could not rely on the provisions of the Payment of Wages Act 1991 which specifies that an employee “means a person who has entered into or works under (or, where the employment has ceased , entered into or worked under )a contract of employment…”

I have reviewed the evidence presented at the hearing and considered the documentation furnished by the parties. I have also taken account of the claimant’s acknowledgment that she was engaged on a contract for service. In all of the circumstances , I find the claimant was engaged on a contract for service and consequently I have no jurisdiction to investigate the complaint.

Dated:   28^th September 2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea