ADJUDICATION OFFICER DECISION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Parties |
| Complainant | Respondent |
Anonymised Parties | A Human Resources Manager | A Hotel Group |
Representatives |
|
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00023438-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act 2015, this complaint was assigned to me by the Director General.
On August 21st 2018, the complainant submitted a complaint to the WRC under the Unfair Dismissals Act 1977, complaint reference ADJ-00016368. At the opening of the hearing of this complaint on November 9th 2018, the respondent argued that the complainant named the incorrect employer on her complaint form. An issue also arose in connection with the complainant’s right to bring a case under the Unfair Dismissals Act, as she had less than one year’s service with the respondent.
On November 12th 2018, the complainant submitted a new set of complaints under ADJ-00018097, against the correctly-named employer.
On November 14th 2018, she sent an e-mail to the WRC explaining that, in her first complaint, it was her intention to have her case heard under the Protected Disclosures Act 2014 rather than the Unfair Dismissals Act 1977. However, a new case file was opened under this complaint, ADJ-00018126. On December 2nd 2018, when she received correspondence related to this complaint, the complainant wrote to the case officer and said that “the WRC in error opened up a new case file.”
On February 6th 2019, I concluded that, on her first complaint form, the complainant named the incorrect employer due to inadvertence and I decided that her complaint under ADJ-00016368 should proceed. I also decided that the complainant was entitled to have her complaint heard under the Protected Disclosures Act. I conducted a hearing on February 18th 2019 and a decision on this matter has been issued under ADJ-00016368.
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 have decided that this complaint is dismissed as it is misconceived, being a duplication of the complaint submitted under ADJ-00016368, on which a decision has been issued. |
Dated: 14th October 2019
Workplace Relations Commission Adjudication Officer:
Key Words:
Complaint is misconceived |