ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00006424
Parties:
| Complainant | Respondent |
Anonymised Parties | Solicitor | Solicitor |
Representatives | Kevin O'Higgins, Kevin O'Higgins Solicitors |
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00008762-001 | 13/12/2016 |
Date of Adjudication Hearing: 28/11/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 7 of the Terms of Employment (Information) Act 1994] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Claimant is claiming that she did not receive written terms of employment. |
Summary of Complainant’s Case:
The Claimant was employed by the Respondent in January 2016. She did not receive a written statement of her terms of employment. |
Summary of Respondent’s Case:
The Respondent outline his relationship with the Claimant and her family. In 2010 he entered into a deal with the Claimant that resulted in a business relationship. She operated a practise in Dundalk and he financially supported it. At some stage the Claimant sought to become an ‘employee’ but subsequently left without notice. Sometime later they entered into another business arrangement. He wrote up an agreement of the employment arrangement and sent it to her by email but he has mislaid it. The Claimant resigned and left. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
[Section 7 of the Terms of Employment (Information) Act 1994.]
I have considered the submissions of the parties. The background to this case is complex and is an atypical one. It was not the traditional employer/employee arrangement. I am satisfied that the parties business arrangements did not fall into the terms of the Terms of Employment (Information) Act 1994. I therefore do not find the claim well founded and it fails. |
Dated: 5th April 2018
Workplace Relations Commission Adjudication Officer: John Tierney
Key Words:
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