ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048985
Parties:
| Complainant | Respondent |
Parties | Florin Simon Tataru | JJR Insulation Ltd |
Representatives | Self-represented | William Wall Peninsula |
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-00060232-001 | 24/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00060232-002 | 24/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00060232-003 | 24/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00060232-004 | 24/11/2023 |
Date of Adjudication Hearing: 03/07/2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
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 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 matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complainant and two witnesses for the respondent undertook to give their evidence under affirmation. The hearing was conducted with the assistance of a Romanian interpreter provided by the WRC. |
Summary of Respondent’s Case:
The respondent submitted that no dismissal took place and that the complainant resigned from his position. The respondent submitted that in circumstances of a resignation, the provisions of the minimum notice period do not apply. The respondent indicated that it does not require a period of notice from someone who resigns and therefore no cause of action arises under the legislation. |
Summary of Complainant’s Case:
The complainant confirmed that he resigned from his position and registered as a self-employed contractor. The complainant confirmed that he did not take a constructive dismissal complaint. |
Findings and Conclusions:
CA-00060232-001 Unfair Dismissal The complainant confirmed that he resigned from his position and did not make a constructive dismissal complaint. Therefore he has not established the existence of a dismissal. Accordingly, I find that the complainant was not unfairly dismissed. CA-00060232-002 Statutory notice period Arising from the complainant’s confirmation that he resigned from his position, I find that he is not entitled to a statutory notice period or payment in lieu thereof and I find that the act was not contravened. CA-00060232-003 Rights during notice period Arising from the complainant’s confirmation that he resigned from his position, I find that he is not entitled to a statutory notice period and that he has not established any rights during a period of notice. Accordingly, I find that the act was not contravened. CA-00060232-004 Minimum notice received from Employee Arising from the complainant’s confirmation that he resigned from his position, and the respondent’s confirmation that they do not require a notice period when an employee resigns, I find that the act was not contravened. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints 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-00060232-001 Unfair Dismissal Having regard to all the written and oral evidence presented in relation to this complaint, my decision is that the complainant was not unfairly dismissed. CA-00060232-002 Statutory notice period Having regard to all the written and oral evidence presented in relation to this complaint, my decision is that the act was not contravened. CA-00060232-003 Rights during notice period Having regard to all the written and oral evidence presented in relation to this complaint, my decision is that the act was not contravened. CA-00060232-004 Minimum notice received from Employee Having regard to all the written and oral evidence presented in relation to this complaint, my decision is that the act was not contravened. |
Dated: 05-07-2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Unfair Dismissal Act – no dismissal established – Minimum Notice - no contravention established. |