ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053582
Parties:
| Complainant | Respondent |
Parties | Shane Mullen | Department of Education |
Representatives | Self-Represented | Mr. John McLoughlan BL, instructed by the Chief State Solicitor's Office |
Complaints:
Act | Complaint 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-00065566-001 | 23/05/2024 |
Date of Adjudication Hearing: 24/11/2025
Workplace Relations Commission Adjudication Officer: Brian Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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:
The Complainant commenced Employment on 3rd July 2017. At all relevant times the Complainant role was described as of “teacher”. The Complainant’s remained in employment with the present Respondent on the date of referral.
On 23rd May 2024, the Complainant referred the present complaints to the Commission. Herein, he alleged that the Respondent sought to unilaterally amend a terms of his contract on foot of proposed transfer of undertakings. By response, the Respondent submitted they were not, at any stage, the employers of the Complainant.
A hearing in relation to this matter was convened for, and finalised on, 24th November 2025. This hearing was heard in person at the Commission’s Sligo officer. This hearing was listed in parallel to that bearing file reference ADJ-00053581.
At the outset of the hearing the Respondent submitted that they were not, and never had been, the Complainant’s employers. In response to this submission, the Complainant accepted that this particular Respondent was not his employer and that the correct Respondent was as listed on the parallel proceedings.
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Summary of Complainant’s Case:
The Complainant accepted that the Respondent was not his employer. |
Summary of Respondent’s Case:
The Respondent submitted that, for the purposes of the impleaded legislation, the Complainant was not their employee. |
Findings and Conclusions:
In circumstances whereby it is common case that he Complainant was not employed by the Respondent, I find that the complaint is not well-founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the complaint is not well-founded. |
Dated: 10th February 2026
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Terms of Employment, Correct Employer |