CIE Tours International (Represented by Carey, Solicitors) v John Byrne

• Jurisdiction: Ireland
• Judgment Date: 04 October 2018
• Judgment citation (vLex): [2018] 10 JIEC 0402
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.UDD1852 ADJ-00009023 CA-00011641-001
• Date: 04 October 2018
• Court: Labour Court (Ireland)

Labour Court

FULL RECOMMENDATION

UD/18/62

DETERMINATION NO.UDD1852

ADJ-00009023 CA-00011641-001

PARTIES:

CIE Tours International (Represented by Carey, Solicitors)

and

John Byrne

DIVISION:

Chairman: Ms Jenkinson

Employer Member: Mr Murphy

Worker Member: Ms Treacy

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No(s): ADJ-00009023 CA-00011641-001.

BACKGROUND:

2 2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 8A of the Unfair Dismissals Act, 1977 to 2015 on 25 April 2018. A Labour Court hearing took place on 27 September, 2018. The following is the Determination of the Court:

DETERMINATION:

3 This is an appeal by Mr John Byrne against the Decision of an Adjudication Officer ADJ00009023 under the Unfair Dismissals Act 1977 – 2015 (the Act) in a claim of unfair dismissal against CIE Tours International, a private unlimited liability company. The Adjudication Officer held that she did not have jurisdiction to hear the claim as an incorrect employer had been named in the claim referred to the Workplace Relations Commission under the Acts.

4 For ease of reference the parties are given the same designation as they had at first instance. Hence Mr John Byrne will be referred to as “the Complainant” and CIE Tours International will be referred to as “the Respondent”.

5 The Complainant submitted his claim under the Acts to the Workplace Relations Commission on 30 ^th May 2017.

Background

6 The named Respondent operates fully escorted coach tour services. It contracts coach companies to supply buses and drivers to operate its services. In 2014 the Complainant was employed by Callinan Coaches Limited to act as a Coach Driver/Tour Operator on behalf of the named Respondent. He claimed he was dismissed in September 2016.

Preliminary Issue

7 Ms Mairead Carey, Solicitor, Carey, Solicitors, on behalf of the Respondent, raised two preliminary issues. She raised an objection to the Court's jurisdiction to hear and determine this appeal on the basis that the Complainant had named the incorrect Respondent in his complaint to the Workplace Relations Commission. She submitted that the named Respondent was not the Complainant's employer and never had been. Ms Carey pointed to the Complainant's submission to the Court where he recounted how he had worked for a number of different coach companies exclusively on CIE Tours and, at the beginning of the 2014 coach touring season, he began to work for Callinan...