ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00016213

Parties:

Complaint(s):

Date of Adjudication Hearing: 04/12/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint(s) 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

Preliminary Issue

Ca-00018012-001

Terms of Employment (Information) Act 1994

The respondent submitted that the claimant’s employment ended on the 26th May 2017 and the complaint was received by the Workplace Relations Commission on the 13th March 2018

It was submitted that in accordance with section 7(3) A rights commissioner shall not entertain a complaint under this section if it is presented to the commissioner after the period of 6 months beginning on the date of termination of the employment concerned.

Findings

I find that the complaint was received on the 13th March 2018

Decision

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

I find the complaint is out of time and I have no jurisdiction to hear it.

CA-00018012-002

CA-00018102-003

Unfair Dismissals Acts 1997-2015(the “1977 Act”)

Preliminary Issue

The respondent submitted that the claimant has taken dismissals claims against the respondent and the reason for the two claims in this regard is entirely unclear from the paperwork. Both claims appear to be issued against the Respondent Agency workers for the purposes of most employment-related legislation are the employees of the employment agency. However, unfair dismissal legislation, the hirer is deemed the employer, this is regardless of who pays the worker. There, it is respectfully submitted no unfair dismissals claims lay against the respondent by the Claimant in this regard form

Findings

I find in accordance with section 24 the hirer is the employer in complaints of unfair dismissal.

Decision

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 find that I have no jurisdiction to hear the complaint.

Ca-18012-006

Employment Equality Act, 1998 is withdrawn where an Unfair Dismissal case has also been claimed.

Ca-18012-007

Protection of Employees (Temporary Agency Work) Act

Preliminary Issue

The claimant has also included a claim under section 25of the Protection of Employees (Temporary Agency) Act 2012The respondent further submitted that the claimant has named the respondent in his claim form, one can only assume that he is alleging that the respondent penalised him by terminating his contract. The respondent submitted any such claim is denied in full and, in any event, it is respectfully submitted that this claims out of time for the reasons advanced.

Findings

I find the complaint was received on the 13th March 2018

Decision

Section 41 of the Workplace Relations Act 2015 requires that I decide in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

I find the complaint is out of time and I have no jurisdiction to hear it.

Dated:   5th June 2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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