ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00019297

Parties:

	Complainant	Respondent
Anonymised Parties	A Public Service Worker	A Public Service Body

Complaint:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003	CA-00024901-001	09/01/2019

Date of Adjudication Hearing: 22/02/2019

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015following 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.

Summary of Complainant’s Case:

The complainant has worked in various civil service or related employments on a series of fixed term contracts. He is seeking to be appointed on the basis of a contract of indefinite duration.

Summary of Respondent’s Case:

The respondent raises a preliminary matter.

The complainant has not worked for it at any time and any alleged breaches of the Act should be addressed to his actual employer. At no time has it been the complainant’s employer.

Findings and Conclusions:

The complainant accepted at the hearing that the respondent named on the complaint form was not his employer.

While he had had some dealings with the respondent he acknowledged that it had not been his employer and therefore is not the correct respondent.

In fact, the named respondent is an entirely different entity to anything that might represent an employer of the complainant.

Accordingly, his complaint fails.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

For the reason set out above complaint CA-00024901-001 is not upheld and is dismissed.

Dated: 30th April 2019

Workplace Relations Commission Adjudication Officer: Pat Brady

Key Words:

Wrong respondent.