ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023474
Parties:
| Complainant | Respondent |
Anonymised Parties | A Manager | A Food Producer |
Representatives | Martin Mc Polin Ian Mallon Solicitors Stephen O’Sullivan, BL | Paula O'Hanlon IBEC |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00029554-001 | 09/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00029554-002 | 09/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00029556-001 | 09/07/2019 |
Date of Adjudication Hearing: 13/11/2019
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaints 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
Background:
The complainant stated that she resigned by email on 2nd February 2019 but subsequently retracted her resignation on 5th February 2109. She stated that she was subsequently dismissed on 8th March 2019 and claims that she was unfairly dismissed. |
Summary of Complainant’s Case:
The complainant stated that she resigned by email on 2nd February 2019, to take effect on 1st March 2019. She added that she subsequently retracted her resignation on 5th February 2019. She stated that she was subsequently dismissed on 8th March 2019 and claims that she was unfairly dismissed. She also highlighted that she did not receive a statement of her terms and conditions of employment and was not paid her notice entitlements. |
Summary of Respondent’s Case:
The respondent stated that the complainant did not seek to retract her resignation. It was stated that she sought to extend her employment with the company beyond her notice period and left of her own volition before this agreed extension period had expired. |
Findings and Conclusions:
While the case was heard in full, the respondent’s representative raised a preliminary point at the outset, which must firstly be addressed. Preliminary Point: The respondent’s representative highlighted that the incorrect respondent was named on the complaint form. The complainant’s representative disputed this and asserted that the correct respondent was named, stating that it was the company named on the complaint form who paid the complainant and that company should therefore be deemed her employer. In making my decision on the matter, I note the provisions of Section 1 of the Unfair Dismissals Acts, which states that: “employer”, in relation to an employee, means the person by whom the employee is (or, in a case where the employment has ceased, was) employed under a contract of employment”. Having regard to the above, and having examined the complainant’s signed contract of employment which was provided to me at the hearing, I am satisfied that the name of the respondent on the complaint form was not that of the complainant’s employer. Accordingly, the complaints are not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
CA-00029554-001: This complaint is not well founded for the reasons set out above. CA-00029554-002: This complaint is not well founded for the reasons set out above CA-00029556-001: This complaint is not well founded for the reasons set out above |
Dated: 27th November 2019
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
Incorrect respondent |