ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference:  ADJ-00035395

Parties:

Complaint(s):

Date of Adjudication Hearing: 

Workplace Relations Commission Adjudication Officer: 

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 Section 13 of the Industrial Relations Acts 1969 following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Date of Adjudication Hearing:  17/08/2021

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, Section 13 of the Industrial Relations Acts 1969 following the referral of the dispute to me by the Director General, I inquired into the dispute) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Background

The complainant stated 37 PRSI contributions had been submitted by the respondent on his behalf for 2019

Ca-00041524-004

Industrial Relations Act 1969

The employee stated that the employer paid 37 PRSI contributions for him in 2019 where he worked a full year and he only discovered this when he went for the pandemic payment.

The Employer stated that the employee only worked 37 weeks for him and that he worked for other employers as well during the year.

The employer submitted the P35 to support his case.

Findings

I find there is a major conflict of evidence between the parties on the number of weeks worked in 2019. I find that it is not within my remit to determine who is right and wrong of this dispute

Recommendation

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

I believe that this issue should be referred to the Department of Social Protection to take the appropriate action on the matter.

Dated:  15th December 2021