Case Number: ADJ-00018097. Workplace Relations Commission.
| Docket Number | ADJ-00018097 |
| Hearing Date | 18 February 2019 |
| Date | 01 October 2019 |
| Year | 2019 |
| Court | Workplace Relations Commission |
| Parties | A Human Resources Manager v A Hotel Group |
In accordance with Section 41 of the Workplace Relations Act 2015 and Section 8 of the Unfair Dismissals Acts 1977 - 2015, these complaints were assigned to me by the Director General. I conducted a hearing on February 18th 2019 and gave the parties an opportunity to be heard and to present evidence relevant to the complaints. The complainant represented herself at the hearing. The respondent was represented by Ms Aoife McFadden of IBEC. The respondent’s Head of Human Resources (HR), the Group HR Manager, the Assistant Group HR Manager and the Revenue Manager attended the hearing and gave evidence.
This is the second of three complaints submitted to the WRC by this complainant. The hearing of her first complaint, ADJ-00016368, opened on November 9th 2018 and, at the outset, the respondent argued that the complainant named the incorrect employer on her complaint form. Three days later, on November 12th 2018, the complainant submitted the complaints listed above against the correctly-named employer.
On February 6th 2019, I concluded that, on her first complaint form, the complainant named the incorrect employer due to inadvertence and I decided that her complaint under ADJ-00016368 should proceed. This decision is concerned only with the findings associated with the three complaints submitted under ADJ-00018097.
Background:
|
CA-00023256-001: Complaint under the Unfair Dismissals Act 1977 Under this heading, the complainant claims that she was “unfairly dismissed as a result of a number of Protective (sic) Disclosures I made in November 2017.” This is the same complaint, grounded on the same evidence as the complaint that was heard under ADJ-00016368. CA-00023256-002: Complaint under the Unfair Dismissals Act 1977 In this complaint, also under the Unfair Dismissals Act, the complainant stated: “I worked different hours from January 2018. I had a new manager. I had a salary increase. I had a fixed location. A letter or new contract was not issued to myself from Jan 2018.” CA-00023256-003: Complaint under the Payment of Wages Act 1991 The complainant claims that she is entitled to pay in lieu of notice. |
|
CA-00023256-001: Complaint under the Unfair Dismissals Act 1977 The evidence in respect of this complaint was heard on February 18th 2019 during the investigation into the complaint of unfair dismissal under ADJ-00016368. It is apparent that this new complaint, submitted more than six months after the date on which the complainant was dismissed, has been lodged to ensure that a complaint is submitted against the correctly-named respondent. As I have accepted the earlier complaint for adjudication, this complaint is a duplication and I find that it is misconceived. CA-00023256-002: Complaint under the Unfair Dismissals Act 1977 A complaint under the Unfair Dismissals Act has been adjudicated on under ADJ-00016368. It appears from the brief description of this complaint on the submission to the WRC, that it was the complainant’s intention to submit a complaint under the Terms of Employment (Information) Act 1994, although she did not address this point at the hearing. As a complaint under the Unfair... |
To continue reading
Request your trial