ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00006218

Parties:

Complaint(s):

Date of Adjudication Hearing: 04/07/2017

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 and/or Section 7 of the Terms of Employment (Information) Act 1994and/or 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).

Preliminary Matter of Jurisdiction:

Decision:

The respondent submitted that they had not employed the claimant as(S) Coordinator at any point and consequently had no case to answer. Extensive submissions were made in support of this assertion culminating in correspondence dated the 23rd.January 2018 which included a copy of the Service Contract in operation between RL and the respondent. I am satisfied on the basis of this documentation that the correct respondent is RL as opposed to the respondent company and consequently accept I have no jurisdiction to investigate a complaint against the respondent company. Accordingly, I dismiss the complaint.

Dated:   10.8.18

Workplace Relations Commission Adjudication Officer: Emer O'Shea