ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00036176
Parties:
| Complainant | Respondent |
Parties | Anwar Hossain | Applegreen Gas Station Gas Station,retail |
Representatives |
| Donna Burke Sherwin O'Riordan |
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-00047382-001 | 29/11/2021 |
Date of Adjudication Hearing: 28/10/2022
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015,following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant alleges that he was unfairly dismissed from his employment. The Respondent states that he does not have the required service to bring a claim under the Unfair Dismissal Act.
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Summary of Complainant’s Case:
The Complainant alleges that he was unfairly dismissed from his employment with the Respondent. He commenced employment on the 21.06.2021. His employment ended on the 16.08.2021. |
Summary of Respondent’s Case:
The Complainant does not have the required service with the Respondent to bring a claim under the Unfair Dismissal acts. He commenced on the 21.06.2021 and his employment ended just over two months later. The act requires that he have one years’ service before an Adjudication can have jurisdiction to hear the matter. |
Findings and Conclusions:
It is agreed between the parties that the Complainant had just over two months continuous service with the Respondent having commenced on the 21.06.2021 and having finished on the 16.08.2021. S2 (1) of the Unfair Dismissal Act 1977 states “This act shall not apply in relation to any of the following persons: (a) other than a person referred to in Section 4 of this Act) who is dismissed who, at the date of dismissal, had less than one years continuous service with the employer who dismissed him……” In the circumstances, I find that I do not have jurisdiction to hear this complaint due to the fact that the Complainant only had just over two months continuous service with the Respondent. The complaint fails. |
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.
The complaint fails |
Dated: 31st July 2023
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Dismissal. Continuous Service. |