ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055113
Parties:
| Complainant | Respondent |
Parties | Oksana Puzanska | Sodexo |
Representatives | Self-represented | The HR Suite |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00067179-001 | 05/11/2024 |
Date of Adjudication Hearing: 25/03/2025
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
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. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings. All witnesses were sworn in at the commencement of the hearing.
Summary of Complainant’s Case:
The complainant is employed as a cleaner with the respondent company. She states that she commenced employment in July 2006. The complainant states that she received a letter of dismissal from the respondent on the basis that she had too many absences. The complainant states that her absences related to her illness as she had to take sick leave. The complainant lodged a case of unfair dismissal. |
Summary of Respondent’s Case:
The respondent states that the complainant is currently an employee of the respondent and therefore the WRC has no jurisdiction in the within matter. The respondent states that the complainant is currently on sick leave as is confirmed through her continuous submission of medical certificates the most recent of which covers up to 11 March 2025. The respondent states that the complainant’s last date worked was 15 November 2024 as confirmed by the attendance records. The respondent states that the complainant has been engaging with the company in relation to her ongoing absence with the most recent welfare meeting taking place on 9 January 2025. It states that a follow up letter summarising the meeting was forwarded to the complainant on 6 February. The respondent states that the complainant is currently an employee of the respondent and therefore the Adjudication Officer has no jurisdiction in the within claim. |
Findings and Conclusions:
I find that the complainant does not have locus standi to bring a claim of unfair dismissal in circumstances where she is a current employee of the respondent. As a consequence, I have no jurisdiction in the within claim. |
Decision:
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
I find that the complainant does not have locus standi to bring a claim of unfair dismissal in circumstances where she is a current employee of the respondent. As a consequence, I have no jurisdiction in the within claim. |
Dated: 01/05/25
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Unfair Dismissals Acts, no jurisdiction |