ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051350
Parties:
| Complainant | Respondent |
Parties | Agata Borowa | The Temple Bar Tavern Ltd Fitzsimons Hotel |
Representatives |
| Roberta Urbon Peninsula Business Services Ireland |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 | CA-00062900-001 | 18/04/2024 |
Date of Adjudication Hearing: 30/10/2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
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.
Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
Background:
The Complainant started work with the Respondent on 31 May 2021. She submitted a complaint to the WRC on 18 April 2024. |
Summary of Complainant’s Case:
The Complainant started work as a Cleaner with the Respondent on 31 May 2021. She was promoted to the position of Rooms Division Supervisor on 12 May 2023 on a full time permanent contract. She stated that her hours were reduced after she made a complaint against the General Manager. |
Summary of Respondent’s Case:
The Respondent stated that the Complainant is not a fixed term worker and that she is a full-time permanent employee. Since January 2024, the Respondent has been required to reduce the Complainant’s working hours along with those of all staff in response to a downturn in business. At all times, this was done in line with the Complainant’s contract of employment. The decision to reduce working hours was made by the owner of the hotel and not the general manager as a result of a downturn in business. |
Findings and Conclusions:
The Complainant has made her complaint under the Protection of Employees (Fixed Term) Act, 2003. Section 2 (1) of the Protection of Employees (Fixed Term) Act, 2003 (Interpretation) states; “fixed-term employee” means a person having a contract of employment entered into directly with an employer where the end of the contract of employment concerned is determined by an objective condition such as arriving at a specific date, completing a specific task or the occurrence of a specific event but does not include— (a) employees in initial vocational training relationships or apprenticeship schemes, or (b) employees with a contract of employment which has been concluded within the framework of a specific public or publicly-supported training, integration or vocational retraining programme;” As the Complainant was never employed by the Respondent as a fixed-term employee, I find that she does not fall within the scope of the Act. In such circumstances, I find that this complaint is misconceived. |
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.
I find that the complaint is misconceived for the reasons set out above. |
Dated: 20th March 2025
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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