ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015771
Parties:
| Complainant | Respondent |
Anonymised Parties | General Operative | Construction Company |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00020556-001 | 02/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020556-002 | 02/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020556-003 | 02/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00020556-004 | 02/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00020556-005 | 02/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00020556-006 | 02/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020556-007 | 02/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020556-008 | 02/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020556-009 | 02/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020556-010 | 02/07/2018 |
Date of Adjudication Hearing: 04/02/2019
Workplace Relations Commission Adjudication Officer: Marie Flynn
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 – 2015following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complaint has submitted complaints against four different Respondents under a range of employment rights legislation. |
Summary of Complainant’s Case:
The Complainant submits that he is not aware of the identity of his employer. |
Summary of Respondent’s Case:
The Respondent submits that they are not the employer of the Complainant as alleged or at all. The Respondent submits that they are a stranger to the claims including that they are the employer of the Complainant. The Respondent submits that they do not discharge the wages of the Complainant, they have no contract of employment with the Complainant and they are not his employer. The Respondent submits that the Complainant is employed by an employment agency within the meaning of the Employment Agency Act 1971 and/or a limited company engaged in the provision of multi-services logistics. |
Findings and Conclusions:
There were four Respondents present at the adjudication hearing including the Respondent named on the complaint referral form in the herein case. One of the Respondents present at the hearing, who is not the Respondent in the herein case, submitted that they were an employment agency who employed the Complainant and were the correct Respondent for the purpose of the referrals under all of the acts listed in the complaint referral form apart from the Unfair Dismissals Act. Another one of the Respondents present at the hearing, who is not the Respondent in the herein case, submitted that they were the correct Respondent for the purpose of the referral under the Unfair Dismissals Act. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints 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.
I have given careful consideration to the submissions of all parties on this issue and I find that the Respondent named on the complaint referral form is not the correct Respondent for the purpose of the herein case. In these circumstances, I must conclude that the within complaint is not well-founded and I decide accordingly. |
Dated: 12th February 2019
Workplace Relations Commission Adjudication Officer: Marie Flynn
Key Words:
Wrong respondent |