ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00046139
Parties:
| Complainant | Respondent |
Anonymised Parties | A Swim Instructor, Mr. B | A Swim Academy |
Representatives | Elaine Davern Wiseman B.L instructed by Martina Murphy Solicitors | Andrea Montanelli Peninsula |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act | CA-00056924-001 | 31/05/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act | CA-00056924-003 | 31/05/2023 |
Date of Adjudication Hearing: 08/11/2024
Workplace Relations Commission Adjudication Officer: Orla Jones
Procedure:
In accordance with section 13 of the Industrial Relations Act 1969 (as amended), following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
This claim was submitted on 31st of May 2023 and relates to an allegation of Unfair Dismissal seeking adjudication under Section 13 of the Industrial Relations Act.
The within complaint is one of a number of claims submitted by the within worker against this employer. The other claims are lodged under the Payment of Wages Act and the Organisation of Working time Act.
In addition, there are a number of related claims lodged by 5 other workers against this named respondent.
All matters were heard together over two days of hearing in September and November 2024.
There was extensive post hearing engagement on these matters with final correspondence received on 4th of April 2025.
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Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act | CA-00056924-001 | 31/05/2023 |
Findings and Conclusions:
The within complaint is one of a number of claims submitted by the within worker against this employer. The other claims are lodged under the Payment of Wages Act and the Organisation of Working time Act. In addition, there are a number of related claims lodged by 5 other workers against this named respondent. All matters were heard together over two days of hearing in September and November 2024. There was extensive post hearing engagement on these matters with final correspondence received on 14th of April 2025. The worker at the hearing of these matters did not adduce any evidence in respect of this particular claim reference. The worker representative notified the Commission that this claim reference was not being pursued and confirmed the withdrawal of same. This dispute is withdrawn and accordingly I do not recommend in favour of the worker. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
This dispute is withdrawn and accordingly I do not recommend in favour of the worker. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act | CA-00056924-003 | 31/05/2023 |
Findings and Conclusions:
The within complaint is one of a number of claims submitted by the within worker against this employer. The other claims are lodged under the Payment of Wages Act and the Organisation of Working time Act. In addition, there are a number of related claims lodged by 5 other workers against this named respondent. All matters were heard together over two days of hearing in September and November 2024. There was extensive post hearing engagement on these matters with final correspondence received on 14th of April 2025. The worker at the hearing of these matters did not adduce any evidence in respect of this particular claim reference. The worker representative notified the Commission that this claim reference was not being pursued and confirmed the withdrawal of same. This dispute is withdrawn and accordingly I do not recommend in favour of the worker. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
This dispute is withdrawn and accordingly I do not recommend in favour of the worker. |
Dated: 22/05/25
Workplace Relations Commission Adjudication Officer: Orla Jones
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