ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052892
Parties:
| Complainant | Respondent |
Parties | Nuka Gbafah | Clarity Locums |
Representatives | In person | Company HR Director. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00064782-001 | 15/07/2024 |
Date of Adjudication Hearing: 20/09/2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 is a locum pharmacist who occasionally sought work from the Respondent. This complaint was received by the Workplace Relations Commission on 15th July 2024. |
Summary of Complainant’s Case:
The Complainant worked with the Respondent as a locum pharmacist, providing cover for pharmacies whose regular pharmacist was unavailable for any reason. Details of available work would be advertised by the Respondent and if the Complainant was interested in such work he would apply for the shift/s involved. If successful, he would work the shift/s. The Complainant’s work for the Respondent, by nature, was that of a contractor with no fixed hours or wages. The Complainant alleges that the Respondent incorrectly deducted a cancellation fee from monies due. The amount of such deduction was €115.20. This deduction was made on 1st April 2024. |
Summary of Respondent’s Case:
The Respondent contends that the Complainant is not an employee of the company and any relationship between the Respondent and the Complainant is a commercial business relationship and not an employment relationship. Without prejudice the Respondent has discharged the payment to the Complainant. |
Findings and Conclusions:
The Complainant is not an employee of the Respondent and has never been an employee of the Respondent. I do not have jurisdiction to consider the complaint under section 6 of the Payment of Wages Act, 1991. |
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.
The Complainant is not an employee of the Respondent and has never been an employee of the Respondent. I do not have jurisdiction to consider the complaint under section 6 of the Payment of Wages Act, 1991. |
Dated: 05th December 2024.
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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