Case Number: ADJ-00021709. Workplace Relations Commission

Docket NumberADJ-00021709
Date29 May 2020
CourtWorkplace Relations Commission
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:

This is a complaint by the Complainant that he was dismissed, unfairly, from his employment with the Respondent. He submitted his complaint on the 20 July 2018.

Summary of Complainant’s Case:

The Complainant says that the dismissal occurred on the 22nd July 2017, when, he said, a manager employed by the Respondent came into the place of work. The Complainant said that this manager was aggressive, rude and insulting towards the Complainant and told him to leave the premises.

Summary of Respondent’s Case:

As the onus of proof was with the Respondent, I asked them to present their case.

They went on to object to the hearing on the basis that the complaint had been made outside the time allowed for such referral.

They said that the case was previously referred to the WRC on the 31st October 2017.

They say that at that hearing the Complainant, on the 29th May 2018, following consultation with his then legal advisor, withdrew his Complaints in relation to Unfair Dismissal (CA-00015463-005) and Minimum Notice Entitlements (CA-00015463-004). This was confirmed in the Adjudication Officer’s Decision, issued on the 29th August 2018.

They say they are at a loss to understand how the same complaints can be lodged again, well out of time.

They say that in the Decision, the Adjudicator also advised that any appeal must be submitted to the Labour Court within 42 days of the issuing of the Decision.

There was no appeal lodged.

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