ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00020786
Parties:
| Complainant | Respondent |
Anonymised Parties | Researcher | University |
Representatives |
| Niamh Ní Cheallaigh IBEC, Susan Thompson, James Curtin, Paul Butler |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 | CA-00027404-001 | 01/04/2019 |
Date of Adjudication Hearing: 26/08/2019
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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.
Background:
The Complainant was employed as a Researcher on a fixed term contract from 3rd February 2014 to 2nd February 2019. He has claimed that the Respondent failed to offer a written statement setting out the objective grounds justifying the renewal of the fixed term contract and the failure to offer a contract of indefinite duration. The Respondent stated that he had resigned his position on 2nd February 2019. |
Preliminary point Jurisdiction
It was given in evidence by the Respondent that the Complainant was on a fixed purpose contract to provide cover for a career break. The Respondent was unable to give him a contract of indefinite duration. In January 2019 the Complainant was offered a fixed purpose contract. The Complainant then submitted a request for redundancy. The Respondent withdrew the offer as the Complainant declined the offer. The Complainant’s position was made redundant on 2nd February 2019.
Findings on preliminary point
I note that the Complainant’s position was made redundant at his request on 2nd February 2019, when he declined the job offer of a fixed purpose contract.
I note that the Complainant submitted a complaint to the Workplace Relations Commission on 1st April 2019, for an alleged breach of the Protection of Employees (Fixed Term Work) Act 2003.
I find that at the time that the Complainant submitted that complaint he had declined a position, received redundancy payment and had left the employment.
I find that he was not a fixed term worker at the time that he submitted the complaint for a breach of that Act.
Therefore, I find that he does not have “locus standi”, that is standing to present that complaint.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
For the above stated reason, I have decided that the Complainant does not have “locus standi”, standing to submit a complaint.
I find that this complaint is misconceived.
I have decided that this complaint is not well founded and so it fails.
Dated: 02nd October 2019
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Locus standi, standing to submit a claim |