ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00048105

Parties:

	Complainant	Respondent
Parties	Brian O'Neill	Total Highway Maintanace Thm

	Complainant	Respondent
Anonymised Parties

Representatives

In person

Company management

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-00059273-001	06/10/2023

Date of Adjudication Hearing: 23/01/2024

Workplace Relations Commission Adjudication Officer: Jim Dolan

Procedure:

In accordance with 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:

The Complainant was employed by the Respondent as a Service Driver. Employment commenced on 19th September 2022 and ended on 29th September 2023. This complaint was received by the Workplace Relations Commission on 6th October 2023.

Summary of Respondent’s Case:

Preliminary Issue.

The Respondent states that the complaint form as completed by the Complainant incorrectly names the Respondent. The Respondent is not Total Highway Maintenance.

For this reason, the Complainant feels the hearing should not proceed.

Summary of Complainant’s Case:

Findings and Conclusions:

I have considered the preliminary point raised by the Respondent and it has to be accepted that an error has been made by the Complainant when he was completing the complaint form.

I have to conclude that on this basis the complaint is not well founded.

Decision:

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.

I have considered the preliminary point raised by the Respondent and it has to be accepted that an error has been made by the Complainant when he was completing the complaint form.

I have to conclude that on this basis the complaint is not well founded.

Dated: 06/09/2024

Workplace Relations Commission Adjudication Officer: Jim Dolan

Key Words: