ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00060671
Parties:
| Complainant | Respondent |
Parties | Youssef Boutahri | The Broadline Recruitment Group trading as Burren Amber Recruiters |
Representatives | Self-represented | Jason Murray BL, instructed by Leah Moriarty RDJ LLP |
Complaint:
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-00073883-001 | 29/07/2025 |
Date of Adjudication Hearing: 08/06/2026
Workplace Relations Commission Adjudication Officer: Seamus Clinton
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 and to present any evidence relevant to the complaint. The hearing was online. The complainant, Mr. Boutahri attended. On behalf of the respondent, Mr. Murray consented to the change of name of the respondent company, as above.
The parties were advised that in accordance with the Workplace Relations (Miscellaneous Provisions) Act 2021, the hearing is held in public, and parties are not anonymised unless there are special circumstances. At the commencement of the hearing Mr. Murray, on behalf of the respondent, raised a preliminary objection. Having heard oral submissions on the preliminary matters, the case was adjourned. The parties were advised that pending considerations on jurisdiction, a decision would issue, or the case re-convened.
Background:
The complaint submitted a complaint under the Terms of Employment (Information) Act, 1994. In the narrative on the complaint form, the complainant outlined that the terms of the post were not in line with what the respondent company had previously outlined. The respondent raised a preliminary objection that there was no employment relationship, and no contract of employment existed with the respondent, as required under the Act. |
Summary of Complainant’s Case:
The complainant outlined that he was offered two jobs from the respondent. He said they were an agent for the employer that he commenced employment with. He said that there had been a misrepresentation of the job. He added that he was pushed into accepting the job so that commission was paid. He had suffered financial damage and had no protection, so he referred his complaint to the Workplace Relations Commission (WRC). |
Summary of Respondent’s Case:
The respondent written and oral submissions is that there was no employment relationship. The complainant was not an employee, and the respondent was not the employer, as defined under the Act. The complainant had signed a contract with another employer and there is no provision for the tort of ‘misrepresentation’ under the Act. It was submitted that the WRC does not have jurisdiction to hear the complaint. |
Findings and Conclusions:
The Law The definition of ‘employee’ under the Act is- ‘Employee’ means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and references, in relation to employer, to an employee shall be construed as references to an employee employed by that employer. Finding on Preliminary Matter On the complaint form and at the hearing, the complainant said he signed a contract with an employer. That employer is not the respondent. As there was no employment relationship between the parties, the complainant lacks locus standi to proceed with the complaint. The complainant outlined the alleged misrepresentations by the respondent company. The Act does not provide for an investigation into complaints on the tort of misrepresentation. For the reasons outlined, I decide that I have no jurisdiction to hear the complaint. |
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 decide that I have no jurisdiction to hear the complaint. |
Dated: 18/06/2026
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Terms of Employment |