ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00062406
Parties:
| Complainant | Respondent |
Parties | Iosif Ciobanca | Clayton Hotel Burlington Road |
Representatives | Self-represented | Grace O'Malley Ibec |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00075087-002 | 02/09/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00075087-003 | 02/09/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00075087-004 | 02/09/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00075087-005 | 02/09/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00075087-006 | 02/09/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 7 of the Terms of Employment (Information) Act, 1994. | CA-00075087-007 | 02/09/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00075087-008 | 02/09/2025 |
Date of Adjudication Hearing: 18/06/2026
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, and Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
The Complainant stated that he was employed as a Food & Beverage Manager by the Respondent from 18 March 2025 until 9 August 2025. He referred several complaints to the WRC in relation to his employment on 2 September 2025.
Although the Complainant listed his employer as Clayton Hotel Burlington Road on the WRC complaint form, I note both that this is a trading name and he failed to identify any legal entity as the Respondent.
The Complainant’s payslips name DHG Burlington Road Limited as his employer, and his contract of employment is with DHG Burlington Road Limited. In light of this, I am satisfied that the Complainant’s employer at all material times was DHG Burlington Road Limited and not the named Respondent.
A similar issue was recently considered by the Labour Court in Lawlor’s Hotel and Deborah McMahon (HSD2514). In that case, the Court held that the Complainant:
“…was on notice at all times that her employer was Burke Hotels Limited as stated in her contract of employment and on her payslips. This oversight on the Complainant’s part is not something that the Court has any statutory basis to rectify.”
Following the reasoning of the Labour Court, I am satisfied that the Complainant knew, or ought to have known, the correct name of his employer.
It is also relevant that the WRC’s published guidance notes on the adjudication and investigation of employment and equality complaints, which are freely available to complainants, state:
“The Complaint Form should be carefully filled out, correctly completing all relevant sections including the correct name and address of the employer/respondent. It is vital to ensure the correct legal name of the employer/respondent is entered on the Complaint Form.”
Taking all of the above into account, I find that I cannot substitute or amend the name of the impleaded Respondent in these complaints. Accordingly, I have no option but to decline jurisdiction in respect of all of the complaints.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
CA-00075087-002 to CA-00075087-008: (inclusive) I have no jurisdiction in respect of these complaints for the reason set out above. |
Dated: 29th of July 2026.
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
|