ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007964
Parties:
| Complainant | Respondent |
Anonymised Parties | A Manager | A Government Department |
Representatives | Self Represented | Not present |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010616-001 | 23/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00010616-002 | 23/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 | CA-00010616-003 | 23/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 | CA-00010616-004 | 23/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00010616-005 | 23/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00010616-006 | 23/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00010616-007 | 23/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010616-008 | 23/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010616-009 | 23/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012 | CA-00010617-002 | 23/03/2017 |
Date of Adjudication Hearing: 20/11/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and 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).
Background:
An initial Hearing on September 27th 2017 was scheduled where the Complainant made somewhat similar claims against three named Respondents. At the initial Hearing the Complainant was represented legally. Two of the three Respondents did not appear at the Initial Hearing. The Adjudicator was asked by the Complainants legal Representative to ensure that proper notification was issued to one of the non attending parties and an adjournment was granted and the parties were notified of a second Hearing. The Complainant advised at the reconvened Hearing that she would not be making any submission of evidence and would be relying on her complaint forms to support her claim. She was not legally represented at the second Hearing. The Complainant was advised that the Respondent in this case had advised they were contesting that they were her employer and would not be attending the Hearing and sought to be struck off from the claims. |
Summary of Complainant’s Case:
At the Hearing the Complainant was given the opportunity to present her case and she advised that she was relying on her written complaint form as her claim. |
Summary of Respondent’s Case:
The Respondent advised the WRC, in writing on August 22nd 2017, that it was not the Complainants employer, did not have a contract of employment with the Complainant and advised that, in their view, a third party (another named Respondent) was the Complainants employer. They also advised they would not be attending the Hearing on September 27th 2017 and did not attend the reconvened Hearing. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. In relation to Compliant reference no CA-00010616-001/002/003/004/007/008/009 and CA-000010617-002 the Complainant provided insufficient evidence to either show that the Respondent was her employer or to justify her claim and her claim is deemed to be not well founded.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act. In relation to Compliant reference no CA-00010616-005 the Complainant provided insufficient evidence to either show that the Respondent was her employer or to justify her claim and her claim is deemed to be not well founded.
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. In relation to Compliant reference no CA-00010616-006 the Complainant provided insufficient evidence to either show that the Respondent was her employer or to justify her claim and her claim is deemed to be not well founded.
Dated: 23 March, 2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien