ADJUDICATION OFFICER DECISION AND RECOMMENDATION
Adjudication Reference: ADJ-00019137
Parties:
| Complainant | Respondent |
Anonymised Parties | A Senior Salesperson | An Energy Company |
Representatives |
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Complaints:
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 8 of the Unfair Dismissals Acts, 1977 – 2015 and Section 13 of the Industrial Relations Acts 1969 following the referral of the complaints and dispute to me by the Director General, I inquired into the complaints and dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints and dispute.
Background:
The complainant submitted a number of claims the first under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 was submitted on 12th of January 2019, a claim under Section 8 of the Unfair Dismissals Act, 1977 was submitted on the 17th of January 2019, a claim under section 6 of the Payment of Wages Act, 1991 was submitted on the 25th of February 2019 and a claim under section 13 of the Industrial Relations Act, 1969 was submitted on the 13th of March 2019. The complainant submitted almost identical claims under Adj-00021268 on the 1st of May 2019 and named the same respondent to these claims with the addition of the word ‘Limited’ in the respondent’s name. |
Findings and Conclusions:
Correct Respondent The complainant submitted almost identical claims under Adj-00021268 on the 1st of May 2019 and named the same respondent to these claims with the addition of the word ‘Limited’ in the respondent’s name. The complainant also wrote to the Commission on the 1st of May 2019 advising the Commission that his complaints under Adj-00019137 should correctly have been taken against the respondent with the word “Limited” included in its name as this was the correct Legal name of the respondent as recorded in the CRO and Tax Office. The complainant accordingly resubmitted the complaint forms against the respondent with the word ‘Limited’ in its name. Accordingly, I am satisfied that the incorrect respondent was named in these complaints submitted under ADJ-00019137 as the correct respondent name contains the word ‘Limited’ in the respondent name. I am satisfied that the correct Respondent is the one named in ADJ – 00021268 and accordingly the decision in respect of these complaints is contained within ADJ – 00021268. Consequentially the complaints lodged under this reference cannot proceed and must be dismissed. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) 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.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
For the reasons set out above I do not uphold this complaint and it is dismissed. |
Dated: October 9th 2019
Workplace Relations Commission Adjudication Officer: Orla Jones
Key Words:
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