ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00013039
| Complainant | Respondent |
Anonymised Parties | A worker | An employer |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00017333-001 | 08/02/2018 |
Date of Adjudication Hearing: 10/05/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969 following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The Complainant commenced employment on 08/06/2017 and alleges he was dismissed on 15/12/2017, a period of just over 6 months. During his employment, the Complainant alleges he was working 60 hours per week and receiving €450 per week. The Complaint to the Workplace Relations Commission (WRC) was received on 08/02/2018. |
Summary of Complainant’s Case:
An accident took place on 21/08/2017 that resulted in the Complainant being hospitalised for a period, he returned to work in September 2017. In December 2017, the Complainant was again hospitalised for a period of two weeks. When he rang the Respondent to inform them that he was fit to return to work he was informed that he need not return to work. |
Summary of Respondent’s Case:
The Respondent alleged that the Complainant had been interviewed over the telephone and offered employment after he had verbally assured the Respondent that he was legally entitled to work in Ireland. When he commenced employment, he became very evasive in relation to documentation and when asked to produce documented evidence that he was legally entitled to work in Ireland he produced a GNIB card, stamp 3. This documentation showed that he had no legal entitlement to work in Ireland and this was the only reason for his dismissal. The Respondent stated that any health issues were not the result of an accident but are the result of the Complainant suffering from Diabetes and high blood pressure. |
Findings and Conclusions:
At hearing I asked the Complainant for his GNIB card which he produced, this was a GNIB card, stamp 4 issued on 28th February 2018. Other documentation produced at the hearing clearly shows that his legal status in Ireland did not permit him to take up employment. When the Respondent exhausted all efforts to obtain the legal paperwork from the Complainant without success they took the only course of action open to them and that was to dismiss him. From the paperwork viewed at hearing I have no option but to accept the version of events offered by the Respondent and on this basis I have no alternative but to dismiss the complaint. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
The Complainant had no legal entitlement to work in Ireland during his period of employment and therefore the Complaint fails. |
Dated: 07/09/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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