ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045793
Parties:
| Complainant | Respondent |
Parties | Megan Wrenn | Seán Fagan Wholesale |
Representatives | Self-represented | Management Support Services (Ireland) Ltd |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00056651-001 | 15/05/2023 |
Date of Adjudication Hearing: 19/09/2023
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with section 41 of the Workplace Relations Act 2015, this complaint was assigned to me by the Director General. A hearing opened on September 19th 2023, for the parties to have an opportunity to be heard and to present evidence relevant to the complaint. The complainant, Ms Megan Wrenn, represented herself and Seán Fagan Wholesale was represented by Mr Hugh Hegarty of Management Support Services Limited.
While the parties are named in this Decision, from here on, I will refer to Ms Wrenn as “the complainant” and to Seán Fagan Wholesale as “the respondent.”
Background:
The complainant commenced working as a receptionist / office administrator in the respondent’s company on September 1st 2022. She was employed on a specified purpose contract to cover for an employee on maternity leave. On April 6th 2023, she was given one week’s notice of the termination of her employment. She claims that she was treated unfairly at the time of her dismissal. From the information she provided on her complaint form, it is apparent that this complaint is about unfair dismissal, although the complainant selected the Terms of Employment (Information) Act as the legislation under which her complaint was to be heard. At the hearing, she said that she received a statement of her terms and conditions of employment. As she had less than one year of service with the respondent, this complaint falls to be considered under the Industrial Relations Act 1969. I advised the complainant that she could submit her complaint under this Act, but that her complaint under the Terms of Employment (Information) Act 1994 is not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I decide that this complaint is not well founded, because it is submitted under the Terms of Employment (Information) Act 1994 instead of the Industrial Relations Act 1969. |
Dated: 25th September 2023
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Wrong legislation selected |