ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00017582

Parties:

Complaint(s):

Date of Adjudication Hearing: 26/03/2019

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 [ and/or 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).

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.

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.

Preliminary Matter of Jurisdiction

The claimant commenced employment with the respondent on the 13.02.2107.He did not indicate on his complaint form the date of termination of employment. At the hearing , the respondent asserted that the fact of dismissal was in dispute and submitted that the claimant did not submit a clear resignation ; that he was not in touch with the company since the 31st.August 2018 ; the claimant left the date of termination of employment box blank on his complaint form and that the claimant had never been issued with a P45 and had never sought one.

The claimant’s representative in response asserted that there had been no resignation and that there had been no dismissal.

In such circumstances , the claim under the Unfair Dismissals Acts is misconceived and I have no jurisdiction to investigate the complaint lodged with the WRC under Unfair Dismissals Acts , 1977-2015.

Dated: 30th April, 2019  

Workplace Relations Commission Adjudication Officer: Emer O'Shea