ADJUDICATION OFFICER RECOMMENDATION.

Adjudication Reference: ADJ-00045247

Parties:

	Complainant	Respondent
Anonymised Parties	A worker	A Bank

Representatives

In person

Aisling Doyle Kane Tuohly LLP Solicitors

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act	CA-00055943-001	05/04/2023

Date of Adjudication Hearing: 08/09/2023

Workplace Relations Commission Adjudication Officer: Jim Dolan

Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969 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:

This complaint was received by the Workplace Relations Commission on 5th April 2023.

The Complainant was employed by a security company and placed in the Respondent’s premises to provide said services. Employment commenced on 24th October 2022 and ended on 6th March 2023.

Summary of Complainant’s Case:

Please see preliminary point raised by the named respondent.

Summary of Respondent’s Case:

Respondent’s preliminary point.

The Complainant was never an employee of the Respondent. Any contract of service issued to the Complainant was issued by his employer and not by this Respondent who are a client of the correct Respondent.

Findings and Conclusions:

The preliminary point is valid. The Complainant has made his complaint against the wrong party.

Without commenting on the validity of the complaint as presented by the Complainant I have to find in favour of this named Respondent. The Complaint against this named party therefore has to fail.

Recommendation:

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

Without commenting on the validity of the complaint as presented by the Complainant I have to find in favour of this named Respondent. The Complaint against this named party therefore has to fail.

Dated: 26-09-2023

Workplace Relations Commission Adjudication Officer: Jim Dolan

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