ADJ-00016601

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00016601

Parties: 

Complaint:

Date of Adjudication Hearing: 20/11/2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 – 2015 andfollowing the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

BACKGROUND.

The Complainant was employed as a Part-Time Trainee Accountant from 4th September 2017 until the employment terminated on 3rd September 2018. The Complainant was paid 10.00 an hour and she worked 25 hours a week. The Complainant was provided with a written statement of her Terms and Conditions of Employment signed and dated by both Parties on 28th August 2018. The Contract was for a period of 12 months subject to the Complainant attending the Accounting Technician course and successfully passing the Level 2 Accounting Technician examination. The Contract also provides that the term of the contract could be extended at the agreement of both Parties once the initial 12 month contract term has expired. The Complainant sent an email to the Respondent Dated 7th August 2018 stating “Can you please let me know your plans for the next year regarding my position as my contract expires soon. I need to apply for the next year of my studies with Chartered Accountants”. The Respondent replied by email dated 8th August 2018 stating “It is not my intention to renew the contract for a year….”

The Complainant referred a complaint to the Workplace Relations Commission on 4th September 2018 alleging she had been unfairly dismissed.

Preliminary Issue – One Year’s Service.

Section 2 – Exclusion, Provides as follows – “Except in so far as any provision of this Act otherwise provides, this Act shall not apply in relation to any of the following persons: (a) an employee….who is dismissed who at the date of his dismissal, had less than one year’s continuous service with the employer who dismissed him.”

The Respondent argued that the Complainant did not have the required 1 year’s service. She was employed on 4th September 2017 and the employment terminated on 3rd September 2018. I am satisfied that the Complainant has one years service in accordance with Secti9on 18(h) of the Interpretation Act, 2005

Preliminary Issue. Dismissal during probation or Training.

Section 3 of the Act provides as follows – (1) This Act shall not apply in relation to the dismissal of an employee during a period starting with the commencement of the employment when he is on probation or undergoing training – (a) if his contract of employment is in writing, the duration of the probation or training is 1 year or less and is specified in the contract, ….” Both Parties confirmed that the Complainant was employed as a Part-Time Trainee Accountant on a Contract for a period of 12 months and that during that period the Complainant was required to attend the Accounting Technicians Course and to successfully pass the Level 2 Accounting Technician Examination.

Decision. I decide I do not have jurisdiction to hear this complaint as the Complainant is excluded by virtue of Section 3 of the Unfair Dismissals Act, 1977

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.

In Accordance with Section 8(1)(c) of the Act I declare I do not have jurisdiction to hear this complaint as the Complainant is excluded from taking a complaint to the Workplace Relations Act by virtue of Section 3 of that Act.

Dated:   March 12th 2019

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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