ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00034498
Parties:
| Complainant | Respondent |
Parties | Gordon Finney | Michael Carroll |
Representatives | Mr. Michael Kinsley BL, instructed by Martin E. Marren Solicitors | Self-Represented |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00045388-001 | 28/07/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00045388-002 | 28/07/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00045388-003 | 28/07/2021 |
Date of Adjudication Hearing: 30/06/2022
Workplace Relations Commission Adjudication Officer: Brian Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015,following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
At the outset of the hearing, the parties agreed that the listed Respondent was not in fact the Complainant’s employer. In this regard, the Complainant accepted that the complaints will be deemed to be not well-founded.
This determination should be read in conjunction with that bearing reference ADJ-00034500. |
Summary of Complainant’s Case:
As set out above, the Complainant accepts that the listed Respondent is not the employer for the purposes of the present Acts. |
Summary of Respondent’s Case:
The Respondent submitted that he is not the correct employer for the purposes of the present Acts. |
Findings and Conclusions:
In circumstances where the Respondent was not the Complainant’s employer, I find that the complaint are not well-founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
CA-00045388-001 I find that the Complainant was not unfairly dismissed and consequently, the complaint is not well-founded. CA-00045388-002 I find that the complaint is not well-founded. CA-00045388-003 I find that the complaint is not well-founded. |
Dated: 19/10/2022
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Correct Employer |