ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00039248

Parties:

	Complainant	Respondent
Parties	Lorraine O'Driscoll	Clare Tynan

Representatives

Ms Bébhinn Murphy BL instructed by O'Hanrahan Lally D'Alton LLP

Complaint(s):

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-00050186-001	03/05/2022
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00050186-002	03/05/2022
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00050186-003	03/05/2022
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00050186-004	03/05/2022

Date of Adjudication Hearing: 21/02/2023

Workplace Relations Commission Adjudication Officer: David James Murphy

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 complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

This case is related to ADJ-00039586 which proceeded against a different Respondent.

The Respondent in ADJ-00039586 accepted that the Complainant had been its employee and that it was the appropriate Respondent. The Complainant has raised no objection to this.

Summary of Complainant’s Case:

N/A

Summary of Respondent’s Case:

N/A

Findings and Conclusions:

A decision relating to the same Complainant and an identical set of facts, as outlined the complaints, has issued. The Respondent in this case was not the Complainant’s employer the Respondent in ADJ-00039586 was.

As such the above complaints fail.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) 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.

I find that the above complaints, CA-00050186-001, CA-00050186-002, CA-00050186-003, CA-00050186-004 are not well founded.

Dated: 22nd August, 2023

Workplace Relations Commission Adjudication Officer: David James Murphy

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