ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00021326
Parties:
| Complainant | Respondent |
Anonymised Parties | A Receptionist | A Not for Profit Organisation |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00028000-001 | 27/04/2019 |
Date of Adjudication Hearing: 11/10/2019
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
This complaint was submitted to the WRC on April 27th 2019, and, in accordance with Section 41 of the Workplace Relations Act, 2015 it was assigned to me by the Director General. A hearing was arranged for October 11th 2019, for the parties to have an opportunity to be heard and to present to evidence relevant to the complaint. The parties represented themselves at the hearing.
Background:
At the opening of the hearing, it became apparent that the complainant was employed by an organisation other than the respondent that he named on the form he submitted to the WRC. He confirmed this by the details on one of his payslips which he presented in evidence, showing the correct name of his former employer. The representative of the respondent who attended the hearing also submitted that the complainant was never their employee. I am satisfied that the correct respondent has not been informed that a complaint has been submitted by the complainant in relation to his service with them from April 24th 2018 until March 25th 2019. |
Findings and Conclusions:
Section 39(2) of the Organisation of Working Time Act 1997 provides that a “relevant authority” such as an adjudicator may amend the name of the respondent in a decision arising from a hearing at the WRC. However, the right to amend the name of the respondent is subject to the condition set out at section 39(3) of the Act, which provides as follows: (3) The power of a relevant authority under subsection (2) shall not be exercised if it would result in a person who was not given an opportunity to be heard in the proceedings on foot of which the decision concerned was given becoming the subject of any requirement or direction contained in the decision. The right to amend the name of the respondent at an adjudication hearing is confined to a list of enactments set out in a schedule at section 39(2) of the Act, and the legislation under which this complaint has been submitted is not included in that schedule. Aside from the non-application of section 39(2) to Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities), I have reached the conclusion that I have no jurisdiction to amend the name of the respondent in circumstances where the correct respondent has not been informed that this complaint has been submitted. |
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.
As I am satisfied that the respondent named by the complainant on the form he submitted to the WRC was not his employer, I conclude this investigation and I find against the complainant. |
Dated: 16-10-2019
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Incorrect respondent has been named |