ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009558
Parties:
| Complainant | Respondent |
Anonymised Parties | A Coach Driver | A Coach Tours Operator |
Complaint(s):
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-00012426-001 | 12/07/2017 |
Date of Adjudication Hearing: 15/02/2018
Workplace Relations Commission Adjudication Officer: Roger McGrath
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 commenced employment as a coach driver with the Respondent, a coach tours operator, on 6th August 2016. He was employed on a casual basis and was paid between €600-€800 gross per week, depending on how many days he worked. His employment ended on 11th July 2017. The complainant submitted a complaint under the under Section 8 of the Unfair Dismissals Act, 1977 which was received by the WRC on 12th July 2017.
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Preliminary Issue
Preliminary Point:It is clear from the Complaint Form that the Complainant has less than one year's continuous service with the Respondent. The start and end dates of the Complaint's employment with the Respondent were confirmed by both parties at the hearing. There was nothing in the Complainant’s contract of employment regarding notice requirements.
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Findings and Conclusions:
Section 2 of the Act states: 2.— (1) [ Except in so far as any provision of this Act otherwise provides ] This Act shall not apply in relation to any of the following persons: ( a) an employee (other than a person referred to in section 4 of this Act) who is dismissed, who, at the date of his dismissal, had less than one year’s continuous service with the employer who dismissed him As the Complainant has less than one year's continuous service with the Respondent the Unfair Dismissals Act 1977 does not apply.
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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 reasons outlined above, I find that the claim made pursuant to the Unfair Dismissals Act does not succeed as the Complainant has less than one year's continuous service with the Respondent.
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Dated: 22.5.18
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Continuous service, |