Complainant

Respondent

Anonymised Parties

A Complainant

A Respondent

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts

CA-00022680-001

17/10/2018

The worker was never an employee of the named Respondent. The respondent did own an entity bearing a similar name to the entity named in brackets on the claim form prior to 2004. In 2004 it was sold. The respondent has had no interest in that company since then. Based on his claim form, the worker did not commence employment with that entity until 2006.

The worker states that when he commenced employment with the entity named in brackets on the claim form, he was given a contract of employment However, he did not bring the contract to the hearing. During the course of his employment he was given payslips naming the company in brackets as his employer however he did not keep any of them. Upon hearing the respondent’s submission, he accepts that he may have named the wrong legal entity as his employer.

I note that this claim is identical to ADJ 17619. I am satisfied based on the respondent’s submissions together with the documentation submitted that the worker was never an employee of the named Respondent. I therefore have no jurisdiction to make a recommendation in relation to the dispute.