ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00059382
Parties:
| Complainant | Respondent |
Parties | Tjaart Nel | Slane Trading Company The Millhouse |
Representatives | Self-Represented | Holly Smith Peninsula Business Services Ireland |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00072106-001 | 04/06/2025 |
Date of Adjudication Hearing: 21/08/2026
Workplace Relations Commission Adjudication Officer: Conor Stokes
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.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complainant and a witness for the respondent undertook to give their evidence under affirmation. |
Summary of Complainant’s Case:
At the start of the hearing, the complainant confirmed that he had not made a Protected Disclosure, nor did he have 12 months service. |
Summary of Respondent’s Case:
The respondent made written submissions at the start of the hearing, wherein it was noted that the complainant had less than 12 months service. |
Findings and Conclusions:
The complainant confirmed under affirmation that he did not have 12 months service. He also confirmed that he has not made any Protected Disclosure. Section 2 of the Unfair Dismissals Act outlines the categories of persons excluded from its protections. Section 2(1)(a) States as follows: 2.—(1) Except in so far as any provision of this Act otherwise provides this Act shall not apply in relation to any of the following persons: (a) an employee (other than a person referred to in section 4 of this Act) who is dismissed, who, at the date of his dismissal, had less than one year’s continuous service with the employer who dismissed him …, The complainant does not have the 12 months continuous service required under the Act to avail of its protections. Accordingly, I find that he is excluded from the protections of the Act. |
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.
Having regard to all the written and oral evidence presented in relation to this complaint, my decision is that the complainant is excluded from the protections of the Act. |
Dated: 25-08-26
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Unfair Dismissals Act – 12 months continuous service – excluded from the protections of the Act |