ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00015832
Parties:
| Complainant | Respondent |
Anonymised Parties | A restaurant manager | A restaurant and bar group |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00020581-001 | 17/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020581-002 | 17/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020581-003 | 17/07/2018 |
Date of Adjudication Hearing: 18/10/2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, these complaints were assigned to me by the Director General. I conducted a hearing on October 18th 2018, and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints. The complaint was represented by Mr Jamie Sherry BL, and the respondent was represented by Mr Peter Ryan. The respondent’s HR Manager and the Area Manager also attended the hearing.
Background:
This complaint is a replica of ADJ 00015882, which is against the complainant’s former employer. This complaint has been submitted against the group company, comprising the entity that formerly employed the complainant. A hearing took place on October 18th 2018 under the heading of ADJ 00015882 and a decision will issue on this matter in due course. |
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.
I have established that the respondent named in this complaint was not the complainant’s employer, and that he was employed by a separate entity against which a complaint has been heard. On this basis, I have decided to dismiss this complaint. |
Dated: 17.12.18
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Name of employer |