Complainant

Respondent

Parties

Edel  Kelly

Portfolio Concentrate Solutions Unlimited (amended on consent)

Representatives

 IBEC

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-00071636-001

16/05/2025

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00071636-002

16/05/2025

The Complainant gave evidence on affirmation. She gave evidence that she worked as a Cleaning Supervisor and commenced her employment onsite with the Respondent in October 2018.

Ms Katie Lenoard, HR Site Lead gave evidence on affirmation on behalf of the Respondent. Legal submissions were relied upon at the hearing.

The name and registered business address was clarified at the outset of the hearing - Portfolio Concentrate Solutions Unlimited.

The Complainant gave evidence that she was employed by a service provider Mountcharles Management Company Limited By Guarantee but was assigned to the Respondent’s site from October 2018.

It was her evidence that she was engaged in an industrial relations procedure with her employer and received a minor sanction. Subsequently, she was advised she was “site banned” from the Respondent’s site and has not returned to work since.

It was her evidence she was constructively dismissed “by the third party”, that being the Respondent but accepted it was not her employer.

The Complainant accepted in cross examination that “Mountcharles did not terminate my employment”.

It was Ms Leonard’s evidence that the Complainant was not an employee of the Respondent company.

The Complainant choose not to cross examine the Respondent.

The Respondent relied upon Section 1 of the Unfair Dismissals Acts 1979- 2015 and in particular the definition of “employee”.

Section 1 of the Unfair Dismissals Acts 1979- 2015 defines an “employee”, “employer” and “unfair dismissal”

“dismissal”, in relation to an employee, means—

(a) the termination by his employer of the employee’s contract of employment with the employer, whether prior notice of the termination was or was not given to the employee,

(b) the termination by the employee of his contract of employment with his employer, whether prior notice of the termination was or was not given to the employer, in circumstances in which, because of the conduct of the employer, the employee was or would have been entitled, or it was or would have been reasonable for the employee, to terminate the contract of employment without giving prior notice of the termination to the employer, or

(c) the expiration of a contract of employment for a fixed term without its being renewed under the same contract or, in the case of a contract for a specified purpose (being a purpose of such a kind that the duration of the contract was limited but was, at the time of its making, incapable of precise ascertainment), the cesser of the purpose;

“employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment and, in relation to redress for a dismissal under this Act, includes, in the case of the death of the employee concerned at any time following the dismissal, his personal representative;

“employer”, in relation to an employee, means the person by whom the employee is (or, in a case where the employment has ceased, was) employed under a contract of employment and an individual in the service of a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014), shall be deemed to be employed by the local authority;”

In summary , the jurisdiction of the Unfair Dismissals Acts 1979 -2015 is exclusive between an employee and their employer.

Both parties are in agreement that the Complainant was not an employee of the Respondent.

Consequently, I find there is no jurisdiction under the  Unfair Dismissals Acts 1979 -2015 for this complaint.

CA-00071636-001

I find the complaint was not unfairly dismissed.

CA-00071636-002

I find the complaint was not unfairly dismissed.