ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00020333

Parties:

Complaint(s):

Date of Adjudication Hearing: 17/07/2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, Section 8 of the Unfair Dismissals Acts, 1977 - 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.

Employee

The claimant was employed from the 1st January 2006 until the 18th of June 2018 when his contract of employment was terminated. The claimant was paid his notice period and his employment ended on the 18th September 2018. The claimant was paid €150,000 gross per annum the claimant had additional incentives/benefits which are the subject matter before the High Courts.

Background

The respondent submitted that the claimant was employed by respondent in the position of Vice president pursuant to a contract of employment dated December 28th, 2015.

The claimant remained in employment with the respondent until his contract of employment was terminated, he was furnished with 3 months’ notice of termination which expired on September 18th, 2018.

The claimant stated that the respondent was not the claimant’s employer and submitted evidence to support their position.

Findings

I find that based on the evidence provided at the hearing the respondent is not the correct employer.

Recommendation:

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.

I find the respondent is not the correct employer and I do not uphold the complaint.

Dated:   4th December 2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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