ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00024536

Parties:

	Complainant	Respondent
Anonymised Parties	A Complainant	A respondent

Representatives

Ronan O'Reilly O'Reilly Thomas Solicitors

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00031226-001	30/09/2019

Date of Adjudication Hearing: 05/12/2019

Workplace Relations Commission Adjudication Officer: Conor Stokes

Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Background:

The complainant made a complaint relating to bullying and harassment on 30 September 2019. The respondent’s representative wrote to the WRC in advance of the hearing to indicate that its client was not the complainant’s employer and that there would be no attendance on behalf of the client.

Summary of Complainant’s Case:

Following initial enquiries, the complainant conceded that the respondent was not her employer and opened her contract of employment to the Adjudicator for verification. She also indicated that her payslips were not furnished by the respondent but by the party named in her contract of employment.

Summary of Respondent’s Case:

The respondent did not attend the hearing of this matter.

Findings and Conclusions:

The complainant was not in a position to establish the existence of an employment relationship with this respondent.

Decision:

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

My recommendation is that the complainant establish who her correct employer is.

Dated: 9th December 2019

Workplace Relations Commission Adjudication Officer: Conor Stokes

Key Words:

Employment relationship