ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00014974

Parties:

Complaint(s):

Date of Adjudication Hearing: 21/11/2018

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).

Preliminary Matter of Jurisdiction

The claimant was employed from the 9th.April 2018 to the 27th.May 2018 as a waitress with the respondent.This time line was agreed by the parties at the hearing. In her complaint form the claimant indicated that she was constructively dismissed , that she did not have at least 12 months service and that she was exercising her rights under the National Minimum Wage Act.

I heard evidence from the claimant and the respondent in order to establish if the claimant had locus standi under the Act by virtue of her assertion that she was dismissed for exercising her rights under the National Minimum Wage Act 2000.

While the claimant made a written submission and elaborated in some detail on her grievances with the respondent and her expressed desire to be on Revenue and “put on the books” , she admitted in her direct evidence that she didn’t know if she was getting the Minimum Wage. No compelling evidence was advanced by the claimant of having exercised her rights under the National Minimum Wage Act nor indeed was any cogent evidence advanced to support her contention that she was dismissed as a result of having exercised such rights. In these circumstances , the claimant does not have locus standi and consequently I have no jurisdiction to investigate her complaint.

Dated:   1st February 2019

Workplace Relations Commission Adjudication Officer: Emer O'Shea