ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028389
Parties:
| Complainant | Respondent |
Parties | Florin Racoti | The Clontarf Baths and Assembly Rooms Company Limited |
Representatives | Hatstone Solicitors | Not represented |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00036415-001 | 29/05/2020 |
Date of Adjudication Hearing: 26/04/2021
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
This complaint was submitted to the WRC on May 29th 2020 and, in accordance with section 8 of the Unfair Dismissals Acts 1977 - 2015, it was assigned to me by the Director General. Due to the closure of the WRC as a result of the Covid 19 pandemic, a hearing was delayed until April 26th 2021. On that date, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings. At the hearing, I made enquiries and gave the parties an opportunity to be heard and to present evidence relevant to the complaint.
The complainant was represented by Ms Orla Canavan of Hatstone Solicitors. For the respondent, the owner / director attended and he was accompanied the general manager of the restaurant where the complainant worked.
At the hearing, I alerted the parties to the judgement of the Supreme Court in the case of Zalewski v Adjudication Officer and WRC [2021] IESC 24 which was delivered on April 6th 2021 with a further ruling on April 15th 2021. I informed them that, from April 6th 2021, hearings at the WRC may be held in public and that it is likely that the parties will be named in the published decisions. I also informed them that evidence may be heard under oath and that existing legislation will be amended to provide for prosecution for the giving of false evidence. The parties to this hearing confirmed that they were willing to proceed in these circumstances.
Background:
The complainant submitted two complaints to the WRC regarding his dismissal on February 23rd 2020. The first is this complaint against one version of the name of his former employer. At the opening of the hearing, Ms Canavan confirmed that this complaint is against the wrongly-named respondent and it is withdrawn. |
Decision:
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.
This complaint was submitted against the incorrect legal entity and, for this reason, it has been withdrawn by the complainant. For completeness, I decide that this complaint of unfair dismissal is not well founded. |
Dated: 26th July 2021
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
The complainant named the wrong legal entity as his former employer. |