ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051574
Parties:
| Complainant | Respondent |
Parties | Artur Allushi | Hurst Installations Limited |
Representatives | Mr. Peter Murphy, McInnes Dunne Murphy LLP | Mr. Conor McCrave, Setanta Solicitors |
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-00063260-001 | 05/04/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00063260-002 | 05/04/2024 |
Date of Adjudication Hearing: 15/11/2024
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:
The Complainant commenced employment on 6th May 2019. The Complainant was a permanent, full-time member of staff, in receipt of an average weekly wage of €674.68. At all relevant times the Complainant’s role was described as that of “fitter”.
On 5th April 2024, the Complainant referred the present set of complaints to the Commission. Herein, he alleged that the Respondent had unfairly dismissed him and failed to discharge his statutory notice payment. By response, while the complaint of unfair dismissal was conceded in parallel proceedings, the Respondent submitted that the Complainant was not employed by the impleaded entity.
A hearing in relation to this matter was convened for, and finalised on, 15th November 2024. This hearing was conducted by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. No technical issues were experienced by either party in the course of the hearing. This matter was heard in parallel to those bearing file references ADJ-00050975 and ADJ-00051573, and this decision should be read in conjunction with the same.
At the outset of the hearing, the parties agreed that the Complainant was not an employee of the Respondent and that the correct Respondent was impleaded in the parallel proceedings. In such circumstances, the present complaint was not pursued by the parties and will be deemed to be 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.
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-00063260-001 Complaint under the Unfair Dismissals Acts I find that the Complainant was not unfairly dismissed by the Respondent. CA-00063260-002 Complaint under the Minimum Notice and Terms of Employment Act I find that the complaint is not well-founded. |
Dated: 9th December 2024
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Parallel Proceedings |