ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00048378

Parties:

Complaint:

Date of Adjudication Hearing:  12/09/2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 8 of the UnfairDismissals 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:

The Complainant submitted a complaint on 14 October 2023 that he was unfairly dismissed on 7 October 2023 from his employment.

Summary of Complainant’s Case:

The Complainant did not attend the hearing convened to consider his complaint and did not provide an explanation for his absence.

Summary of Respondent’s Case:

The Respondent contends that there is no jurisdiction to hear this complaint as the Complainant had less than 12 months continuous service in the employment.

Findings and Conclusions:

The Complainant did not attend the hearing or provide an explanation for his absence.  The complaint form received by the WRC on 14 October 2023 states that the Complainant was employed from 7 September 2023 to 7 October 2023.   He had a dispute with the Employer over payment for lodgings.

Section 2 of the Act provides:

“2-(1) Except in so far as any provision of this Act otherwise provides this Act shall not apply in relation to any of the following persons:

• (a) An employee (other than a person referred to in section 4 of this Act) who is dismissed who, at the date of his dismissal, had less than one year’s continuous service with the employer who dismissed him..

In this instant case, the employee had less than one year’s continuous service with the employer and the Act does not apply.

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.

The Complainant had less than one year’s continuous service with the Respondent and the Act does not apply.  I have decided that the complaint is not well founded.

Dated:   24th of October 2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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