ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007205
Parties:
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Complainant |
Respondent |
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Anonymised Parties |
A Truck Driver |
A Haulage company |
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Representatives |
Richard Grogan Richard Grogan & Associates |
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Complaint(s):
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Act |
Complaint/Dispute Reference No. |
Date of Receipt |
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Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 |
CA-00009403-001 |
26/01/2017 |
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Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 |
CA-00009403-002 |
26/01/2017 |
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00009403-003 |
26/01/2017 |
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00009403-004 |
26/01/2017 |
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Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 |
CA-00009403-005 |
26/01/2017 |
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Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00009403-006 |
26/01/2017 |
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00009403-007 |
26/01/2017 |
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Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 |
CA-00009403-010 |
26/01/2017 |
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Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 |
CA-00009403-012 |
26/01/2017 |
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Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 |
CA-00009403-013 |
26/01/2017 |
Date of Adjudication Hearing: 24/10/2017
Workplace Relations Commission Adjudication Officer: Marian Duffy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Issue re named respondent:
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This Case is linked Adj-00007207.
The complainant’s solicitor referred these complaints against a named limited company (ADJ-00007207) and also referred complaints against named individuals of the limited company one of which is the above named respondent. (Ref: ADJ-00007202 and ADJ-00007205). He requested that decisions should issue against all three named respondents because he was unsure of the correct name of the respondent and in the event of an award of compensation being made, he wants to ensure it is recoverable against whichever one is the correct respondent.
It is a matter for the complainant to name the correct respondent. The complainant has named a limited company, I am finding that the limited company is the correct respondent. For this reason, no decision will issue against the respondents named in ADJ-00007202 and ADJ-00007205
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Decision:
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It is a matter for the complainant and his representative to name the correct respondent. No decision has issued against the above named respondent |
Dated: 3rd April 2018
Workplace Relations Commission Adjudication Officer: Marian Duffy
Key Words:
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