ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019363
Parties:
| Complainant | Respondent |
Parties | Aisling O'Mara | Wayne Whelan Productions Ltd |
Representatives | Maurice Walsh, Lacy Walsh Solicitors | Martin Moloney M.P. Moloney Solicitors |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00025264-001 | 18/12/2018 |
Date of Adjudication Hearing: 19/08/2019 and last documentation was received on 10/09/2019
Workplace Relations Commission Adjudication Officer: Marian Duffy
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015, following 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.
The parties are named on the decision as Complainant requested that the decision not be anonymised
Preliminary Issue:
The Complainant referred complaints against the following Respondents: Wayne Whelan Productions, Zak Group, Wayne Whelan and the Tivoli Theatre. The solicitors for the Complainant and the named Respondents agreed at the hearing that Wayne Whelan and Tivoli Theatre were not the employer of the Complainant and these claims were withdrawn. It was further agreed that the correct legal name of the other named Respondents are as follows: Wayne Whelan Productions Ltd and Zac Global Promotions Ltd. The Respondents' solicitor stated that they would accept that the correct legal employer of the Complainant was Wayne Whelan Productions Ltd. The Complainants solicitor requested that I name both limited companies as the employer of the complainant. After the hearing I gave both parties an opportunity to agree amongst themselves on the correct named employer, but they failed to reach an agreement with the Complainant's solicitor requesting that both companies be named as the employer on my decision. In response the Respondent's solicitor objected and now requested that I name Zac Global Promotions Ltd as the employer since the complainant's contract of employment named Zak Group and she was paid a week’s wages from Zak Global Promotions Ltd following the termination of her contract. Having considered the evidence and documentation presented, I am satisfied that Zac Global Promotions Ltd (ADJ-00019367) is the correct Respondent and not the above named Respondent Wayne Whelan Productions Ltd. As the Complainant has not named the correct Respondent, I have no jurisdiction to hear the complaint referred against the above named Respondent. |
Decision:
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
As the Complainant has not named the correct Respondent, I have no jurisdiction in this matter. |
Dated: 12/11/19
Workplace Relations Commission Adjudication Officer: Marian Duffy