ADJUDICATION OFFICER DECISION

  Adjudication Reference: ADJ-00008246

Parties:

Complainant                 Anonymised Parties               Respondent

Shop Assistant                                                                        Shop  

Representatives

Omar Perrozzi Hennessy & Perrozzi Solicitors  

Complaint

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-00010843-001 13/04/2017  

Date of Adjudication Hearing: 16/11/2017Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 – 2015 andfollowing 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 was employed by a named Respondent, not this named Respondent, from 26th September 2014 as a Shop Assistant. She commenced sick leave in September 2016 and submitted medical certificates to this other Respondent whom she alleged refused to accept them. She alleged that she was informed by a work colleague that the business had been transferred from her previous Employer to the named Respondent in this complaint. The Complainant referred a complaint to the Workplace Relations Commission on 14th April 2017 alleging the current named Respondent had dismissed her on 14th October 2016. There was no evidence presented to me at the Hearing to show that the previous Respondent had transferred his business to the current named Respondent in this complaint.

Findings and Conclusions:

There was no evidence presented to me at the Hearing to support the complaint that the Complainant had been employed by the named Respondent or that she had been dismissed by this named Respondent on 14th October 2016.    

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.   On the basis of the evidence presented to me at the Hearing I declare this complaint is not well founded as there was no evidence presented that the Complainant had been employed by the named Respondent or that the Complainant had been dismissed by the named Respondent on 14th October 2016.  

Dated:   17th January 2018          Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Key Words: No evidence the Complainant had been employed or dismissed by the named Respondent.