ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019164
Parties:
| Complainant | Respondent |
Anonymised Parties | Team Manager | Management Consultancy |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00025027-001 | 15/01/2019 |
Date of Adjudication Hearing: 20/02/2019
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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).
Background:
The Complainant is an agency worker and was deployed by an employment agency to work in a management consultancy firm. The named Respondent is the ‘Hirer’ and a preliminary point was raised by the Respondent as to whether it is the correct respondent. |
Preliminary Issue
Summary of Respondent’s Case:
The Respondent submitted that they are not the correct respondent and that at all times the Complainant was an employee of another entity, an employment agency. The Respondent submits that it did not enter into a contract of employment with the Complainant, was not responsible for the wages of the Complainant and has never paid any monies directly to the Complainant. The Respondent requested that the complaint be dismissed. |
Summary of Complainant’s Case:
The Complainant confirmed in her direct evidence that she had a contract with an employment agency and had been deployed to work with the Respondent. She also confirmed that she had been paid by the agency. The Complainant provided a copy of a contract with the agency for the Provision of Services. The reason she had taken the claim against the Respondent is because it was they who had, in her opinion, decided to dismiss her. |
Findings and Conclusions:
In the circumstances, I find that the Respondent named in the complaint is not the correct one and I have no jurisdiction to make a finding in the case. |
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.
For the reasons set out above I do not uphold CA-00025027-001 and it is dismissed. |
Dated: 5.3.19
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Contract of Employment |