ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011677
Parties:
| Complainant | Respondent |
Anonymised Parties | A Team Leader | A Retail Chain |
Representatives | Self-Represented | Judy McNamara IBEC |
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-00015952-001 | 15/11/2017 |
Date of Adjudication Hearing: 24/04/2018
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance 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:
The dispute concerns a Team Leader and his alleged demotion to a Retail Assistant role which gave rise to his alleged constructive Dismissal. |
1: Preliminary Procedural Issue
In the opening exchanges between the Parties it became clear and was agreed by the parties that the Complainant had not been dismissed or removed from the Respondent’s payroll and furthermore due to misunderstandings on his part the Complainant had never actually resigned from his employment. He had continued to engage in employment procedures post his alleged end date.
Accordingly, as there was no ending of the employment relationship a claim under the Unfair Dismissal Act could not proceed as there had been no dismissal or resignation.
As the Complaint’s claim was still within the 12-month time period he immediately undertook to formally resign his employment and re - lodge his claim. He understood that he would have to seek an exemption to the six-month time limit.
On this basis I did not proceed further with the current case.
2: 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.
As no Dismissal or Resignation had actually taken place the claim cannot proceed and is dismissed.
Dated: October 4th 2018
Workplace Relations Commission Adjudication Officer: Michael McEntee
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