ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017341
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Fuel Company |
Representatives | In person | No appearance |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00022453-004 | 05/10/2018 |
Date of Adjudication Hearing: 10/12/2018
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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).
Summary of Complainant’s Case:
The Complainant started work with the Respondent on 18 August 2018 His employment ended on 28 September 2018 He worked for 6 weeks |
Summary of Respondent’s Case:
No appearance |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
The complaint is brought under the Minimum Notice and Terms of Employment Act 1973. To succeed under this Act, a complainant must have completed 13 continuous weeks of service with the Respondent. An Adjudication Officer has no jurisdiction to award under the Act if the service done is 6 weeks. Consequently, I find this complaint to not be well founded. |
Dated: 23rd January 2019
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Minimum Notice Act 1973 – 13 weeks continuous service required |