Complainant

Respondent

Parties

Ozren  Tisma

Mac Plant & Civils Ltd

Representatives

  Self-Represented

Mr Donncha McCarthy BL instructed by Michael O'Brien Galvin Donegan LLP

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-00070788-001

14/04/2025

The Complainant commenced employment with the Respondent as a truck driver in the construction industry, on 13 March 2025 and was dismissed on 9 April 2025. In the narrative on the complaint form, he described being sent to a new site, being asked to act as a “traffic manager” between loads He refused, due to safety concerns, and was sent home. He stated he attempted to contact his boss thereafter but believed calls were avoided and he remained at home. Neither side contests the fact of dismissal and in evidence the Complainant accepted that he had approximately one month’s service with the Respondent.

The Respondent accepted that the Complainant’s employment ended by dismissal but submitted that the claim could not be entertained because the Complainant did not have one year’s continuous service as required by the Unfair Dismissals Act 1977.

In written submissions, the Respondent stated the Complainant commenced employment on 13 March 2025 (not 19 March 2025 as stated on the complaint form). Furthermore, the Respondent Submits the dismissal occurred on 9 April 2025 (not 10 April 2025).

The fact of dismissal was not disputed by either side.

The Respondent relied on Section 2(1) of the Unfair Dismissals Act 1977 (as amended), submitting the Complainant had less than one year’s continuous service at the date of dismissal and was not within any exception (including Section 4, apprenticeship).

The Complainant in evidence accepted the fact that there was a dismissal and did not dispute his starting nor dismissal date.

Section 2 of the Unfair Dismissals act 1977, as amended, (“the Act”) under “Exclusions” states in its relevant parts

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’s own complaint form asserts employment commencing 19 March 2025 and ending 10 April 2025. The Respondent contends commencement on 13 March 2025 and dismissal on 9 April 2025. On any version of the facts before me, the Complainant’s employment duration is measured in weeks, not months, and is plainly well short of one year’s continuous service. Further, in oral evidence at the hearing the Complainant accepted the employment was approximately one month.

No evidence was presented that the Complainant comes within any statutory exception to the one-year qualifying service requirement. The Respondent expressly submitted that he was not an apprentice and therefore not within Section 4, and the Complainant did not contend otherwise.

Having considered the complaint form, the Respondent’s written submissions, and the evidence given at hearing, I find as fact that the Complainant did not have one year’s continuous service with the Respondent at the date his employment ended. Therefore, I find that the Complainant does not satisfy the statutory qualifying service requirement under the Act. I therefore have no jurisdiction to investigate the substantive complaint of unfair dismissal.

CA-00070788-001: I have no jurisdiction to hear the complaint because the Complainant did not have the requisite one year’s continuous service at the date his employment ended.

Unfair Dismissals Act 1977, No Jurisdiction, Lack of Service.