ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00034899
Parties:
| Complainant | Respondent |
Parties | Hilary O'Neill | Howth Haven, Beauty Clinic Waterberry |
Representatives | In person. | Sinead Finnerty, Peninsula |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00046108-001 | 05/09/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 | CA-00046108-002 | 05/09/2021 |
Date of Adjudication Hearing: 17/02/2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed as a Beauty Therapist on a part- time basis from 30th September 2009. The Complainant had been a full-time employee of the Respondent since July 2000 prior to her switch to part-time work.
This complaint was received by the Workplace Relations Commission on 5th September 2021.
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Summary of Complainant’s Case:
Please see Findings and Conclusions. |
Summary of Respondent’s Case:
Please see Findings and Conclusions. |
Findings and Conclusions:
Please see decision below. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 41 (6) of the Workplace Relations Act, 2015 reads as follows: 41(6) Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates. The instant complaints were received by the Workplace Relations Commission in September 2021. The Complainant resigned from her employment in July 2020. The complaints as submitted are out of time and therefore I must find that they are not well founded. |
Dated: 11/03/2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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