ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00024302
Parties:
| Complainant | Respondent |
Anonymised Parties | A Senior Citrix Administrator | A Government Department |
Representatives | Self-Represented | Aoife McMorrow of Evros |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00031067-001 | 15/09/2019 |
Date of Adjudication Hearing: 21/01/2020
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the complaint / dispute to me by the Director General, I inquired into the complaint / dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint / dispute.
Linked Claims
This Adjudication (Adj 24302) is closely linked to Adj 24294.
Correct Employer
At the opening of proceedings on the 21st January 2020 the question of the identity of the correct Employer was discussed.
It was accepted that the Worker concerned had been employed by Company A and was never an employee of the Government Department cited.
Accordingly, this Complaint CA- 00031067-001 against the Government Department cited cannot proceed.
The Complaint is accordingly deemed to be Not Well Founded
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
As the Employer cited was not the Employer of the Worker concerned I Recommend that the Complaint does not proceed. I Recommend that it be set aside.
Dated: September 11th 2020
Workplace Relations Commission Adjudication Officer: Michael McEntee
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