ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00009744

Parties:

	Complainant	Respondent
Anonymised Parties	A Hotel Receptionist	A Hotel

Complaint:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00012774-001	25/07/2017

Date of Adjudication Hearing: 16/02/2018

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015,following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The complainant had been employed as a receptionist by the respondent on a weekly wage of €561.00 per week.

Summary of Complainant’s Case:

The complainant commenced employment on June 20th 2017 as a receptionist.

A dispute arose over the quality of his spoken English and the respondent offered him work at nights which he was reluctant to accept. This was then put to him as an ultimatum.

He was not put on the day roster again and the employment terminated on July 15th 2017.

Summary of Respondent’s Case:

The respondent raises a preliminary point regarding the complainant’s eligibility to pursuer a case under the Unfair Dismissals Act, 1977.

For the purpose of this type of dismissal the Act requires twelve month’s service which the complainant does not have.

Accordingly, it is submitted that there is no jurisdiction to hear the complaint.

Findings and Conclusions:

The complainant confirmed at the hearing that the starting dates referred to above are correct and that he had just under four weeks’ service.

Accordingly, it is not within jurisdiction as the complainant does not have the necessary qualifying service to bring a complaint under the Unfair Dismissals’ Act, 1977.

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.

For the reason set out above complaint CA-0012774-001 is not within jurisdiction and it is dismissed.

Dated: 2nd August 2018.

Workplace Relations Commission Adjudication Officer: Pat Brady

Key Words:

Unfair dismissal, less than one year’s service.