Complainant

Respondent

Parties

Thomas  Renehan

Killaree Lighting Services Ltd

Representatives

None

None

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-00071647-001

17/05/2025

The Complainant was employed as an electrical apprentice with the Respondent.  The Complainant was dismissed on 15 May 2025 for refusing to carry out reasonable and essential duties required in his role.  It is the Respondent’s position that the Complainant was dismissed during probation and that he had less than one years’ service and therefore has no standing to take a case under the Unfair Dismissals Act, 1977.  It is the Complainant’s position that he has in excess of one years’ service and that his dismissal was substantively and procedurally unfair.

Preliminary Issue

It is the Complainant’s case that he had in excess of one years’ service with the Respondent and therefore has standing to pursue a complaint under the Unfair Dismissal Act, 1977.  The Complainant outlined that he commenced employment with Total Highway Maintenance Ltd on 25 March 2024 as a general operator.  He was led to understand that Total Highway Maintenance Ltd is a sister company of Killaree Lightening Services Ltd, and that both companies are part of the THM Group.  He contends that he has in excess of one years’ service with the THM Group.  He asked a person in HR (named in evidence) at the time of commencing his apprenticeship if he was required to complete a probationary period with Killaree Lightening Services Ltd.  He was told this was not necessary as he had already completed a probationary period with Total Highway Maintenance Ltd.  When he worked for Total Highway Maintenance Ltd, he was seconded to work for Killaree Lightening Services Ltd.  At all times his manager was the same person, namely, Mr Vaughan.

The Complainant claims his service transferred from Total Highway Maintenance Ltd to Killaree Lightening Services Ltd.  He states he refused to sign the contract until he got confirmation of the transfer of his service.  The Complainant opened his contract of employment in support of this position.  This document is entitled “Killaree Lighting Services Ltd Employment Contract”.  Under the clause “Employer Details” is the following:

“Killaree Lightening Services is a sister company to Total Highway Maintenance otherwise known as the THM Group trading as Killaree Lighting Services Ltd., having its registered office at Unit 55 Hebron Industrial Estate, Hebron Road, Kilkenny (hereafter referred to as ‘we’ the ‘Company’, or the ‘Employer’)”.

Under the clause “Date of Commencement of Employment” is the following:

“This contract of employment and your employment with the Company shall commence on the 31/03/2025 (employed from 25/03/2024)”

The Complainant accepted that Total Highway Maintenance Ltd and Killaree Lightening Services Ltd are two separate legal entities, but submits both entities are part of the THM Group.

Substantive Issue

The Complainant was approved as a statutory apprentice by SOLAS on 29 January 2025.  His electrical apprenticeship did not commence with the Respondent until 31 March 2025 because he refused to start the apprenticeship until other employees were trained in on ‘stop and go’.  He was told by HR he did not need to complete a probationary period with Killaree Lightening Services Ltd.  When he started the apprenticeship with Killaree Lightening Services Ltd, he was required to do ‘stop and go’ 5 days a week even though he had insisted on training someone else to do this.  He then refused to do ‘stop and go’ as he could not see how that was part of an electrical apprenticeship. He has in excess of one years’ service.  There was no break in the continuity of his employment.  His dismissal was procedurally and substantively unfair. The Complainant commenced a new apprenticeship with another employer on 28 June 2025.

Preliminary Issue

The Complainant was employed by Killaree Lighting Services Ltd as an apprentice electrician from 31 March 2025 until 15 May 2025.  He was dismissed during the probationary period and has less than one years’ service.  Therefore, he does not have the service to take a case under the Unfair Dismissals Act, 1977.  The THM Group is not a legal entity.  Total Highway Maintenance Ltd is a separate legal entity to Killaree Lightening Services Ltd.  There are two shared directors between the companies.

Substantive Issue

Mr Vaughan outlined that the Complainant enquired about doing an apprenticeship one year into his employment with Total Highway Maintenance Ltd.  He could only do an apprenticeship with Killaree Lighting Services Ltd.  He was then employed by Killaree Lighting Services Ltd from 31 March 2025 as an electrical apprentice.  He refused to do ‘stop and go’.   A first-year apprentice is expected to undertake a broad range of duties including stop and go.  A meeting was held on 12 May 2025 with the Complainant.  He was informally warned that his refusal could affect his future employment.  He continued to refuse to carry out a reasonable instruction.  He was dismissed on 15 May 2025 during probation.

Preliminary Issue

It is common case:

(i)                  Total Highway Maintenance Limited and Killaree Lightening Services Ltd are separate legal entities.

(ii)                The Complainant worked for Total Highway Maintenance Limited from 25 March 2024 until 30 March 2025.

(iii)               The Complainant registered as a statutory apprentice with SOLAS on 29 January 2025.

(iv)               The Complainant commenced working for Killaree Lightening Services Ltd on 31 March 2025 as an Apprentice Electrician.

(v)                The Complainant was employed by Killaree Lightening Services Ltd at the time of his dismissal. 

For the purposes of the Unfair Dismissals Act, 1977 (as amended) (“the 1977 Act”), the commencement date of employment is generally a critical consideration as a person usually requires one years’ service to have standing to pursue a claim under the 1977 Act.

Section 4 of the 1977 Act provides for dismissal during a statutory apprenticeship as follows:

“Except in so far as any provision of this Act otherwise provides, this Act shall not apply in relation to the dismissal of a person who is or was employed under a statutory apprenticeship if the dismissal takes place within 6 months after the commencement of the apprenticeship or within 1 month after the completion of the apprenticeship” (my emphasis).

Section 4 does not refer to a dismissal within 6 months of the commencement of employment but rather within 6 months after the commencement of the apprenticeship.

According to the SOLAS Apprenticeship Code of Practice for Employers and Apprentices (V5) at Clause 5:

“The start date of a statutory apprenticeship is the date the apprentice registration is approved by SOLAS”. 

Even if the Complainant were found to satisfy the one-year service requirement under the 1977 Act (and I make no finding regarding the continuity of the Complainant’s service between the two legal entities), s. 4 of the 1977 Act expressly excludes statutory apprentices from its scope, providing that “this Act shall not apply” to such persons.  Section 4 operates to completely bar a claim for redress for a dismissal that occurred within the first 6 months of the statutory apprenticeship.  The Complainant’s apprentice registration was approved by SOLAS on 29 January 2025, and he commenced working under the apprenticeship with the Respondent on 31 March 2025.  He was dismissed on 15 May 2025.  His dismissal was within 6 months of 29 January 2025, the start date of the statutory apprenticeship. Therefore, I must find that the 1977 Act does not apply to the Complainant on the facts of this case, and accordingly, I do not have jurisdiction to inquire into the substantive matter. 

For the reasons set out above, I decide I do not have jurisdiction to inquire into this complaint under the Unfair Dismissal Acts, 1977 (as amended).

Dismissal.  Apprenticeship.