ADJ-00037621

Worker

Employer

Anonymised Parties

Team Leader

International Service Company

Representatives

  Self

Jason Murray BL instructed by Crowley Millar Solicitors LLP

Act

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

14/10/2020

The Employer raised a preliminary issue that the Worker has not named the correct employer in his WRC complaint referral form.

The Employer submits that the Worker has named the incorrect employer in his complaint form.

The Employer submits that the Worker commenced employment with Employer A on 27 August 2012.  In or around February 2019, following the merger of two entities, a new legal entity, Employer B was created.  As and from February 2019, the Worker ceased to be employed by Employer A and was employed by Employer B.

The Employer submits that the Worker was on express notice of the change of his employer and that there was no ambiguity as to the identity of the Worker’s employer. 

The Employer submits that the Worker received a letter dated 14 February 2020 from Human Resources relating to a redeployment and within that letter the identity of his employer was clearly stated:

“We would like to wish you continued success in your career with [Employer B].”

The Employer further submits that it is clear from the following extract from the Worker’s resignation letter of 3 March 2020 that he was aware of the identity of his employer:

“For that, I will ask you to please accept this email as my formal resignation to the T&S role with [Employer B]. My last enrolled day with [Employer B] would be March 31st, four weeks from now.”

The Employer submits that [Employer B] was the Worker’s employer at the relevant time and that the Worker has named the incorrect employer on his complaint referral form.  The Employer contends, therefore, that the WRC lacks jurisdiction to investigate complaints against [Employer A] the employer named on the complaint referral form.

The Worker submits that he was unfamiliar with the WRC adjudication process and that he named [Employer A] as his employer as that is the employer named on his contract of employment.

At the adjudication hearing, the Worker confirmed that he was aware that his employer had changed to [Employer B] in February 2019.

The first preliminary matter for me to decide is if the Worker has named the correct employer in his WRC complaint referral form.  If I find that he has, then I will consider the substantive dispute.  If, however, I find that the Worker has not named the correct employer in this complaint referral form, then I do not have jurisdiction to investigate this dispute.

I note in the cover letter which the Worker included with his complaint referral form, that the Worker wrote as follows:

“[Employer B] is an outsourcing business, previously called [Employer A].

I also note that, in his resignation email dated 3 March 2020, the Worker asked the Employer to “please accept this email as my formal resignation to the T&S TL role with [Employer B].  My last enrolled day with [Employer B] would be March 31st, four weeks from now.”

I further note that at the adjudication hearing, the Worker confirmed that [Employer B] was his employer since February 2019.

I note the email dated 18 February 2019, submitted in evidence by the Employer, which was addressed to all employees of [Employer A] to inform them that its new name [Employer B] would be officially launched on the following day, 19 February 2019.  The email opened with the phrase “First of all, we’d like to welcome you to [Employer B]”

I further note that the Legal Directors wrote to all employees to inform them that “an important legal change has taken place for our Dublin location.  Effective 27th of May 2019 our Company’s name has changed from [Employer A] to [Employer B].”

The Employer submitted a copy of an addendum to the Worker’s contract which was issued on 14 February 2020 and reads as follows:

“The letter is to confirm your transfer to the position of Team Lead on the AWX team, effective 02/03/2020. 

All other terms and conditions remain unchanged.

We would like to wish you continued success in your career with [Employer B].”

The Worker did not dispute that he had received the above communications.

In addition, the Employer submitted copies of a representative sample of the Worker’s payslips at the hearing.  The payslips from March 2019 onwards name the Worker’s employer as [Employer B].

Based on the submissions of the parties, I am satisfied that that the Worker was fully aware of the identity of his employer at the material time.  I find, therefore, that the Worker has named the incorrect Employer in his WRC complaint referral form.    

I do not recommend in favour of the Worker.

Incorrect employer