Submitting a claim to the WRC with the wrong name of an employer*

By September 6, 2021Employment Law, News

Submitting a claim to the WRC with the wrong name of an employer*

This arose in a case of a Mechanic and a Passenger Coach Operator under ADJ-00026854.

The Adjudication Officer in this case quoted the case of Jeevahan Al Tambraga -v- Orna Morrissey and Killarney Avenue Hotel UD36/2011 where the EAT considered its powers under Section 39 of the Organisation of Working Time Act 1997 and reached the following conclusion

“The majority acknowledge that Section 39 of the Organisation of Working Time Act 1997 gives certain scope to the Tribunal to allow for an application to be made to the Tribunal to amendment of the name of the employer. Such power is qualified quite significantly in Section 39 (4) (b) of such section noting that there must be an inadvertence on the part of the relying party, to justify the making of an amendment. The word inadvertence is the qualifier in these circumstances, meaning an accident or oversight”

The Adjudication Officer pointed out that it is clear that in order to grant leave for the change of name of a Respondent it must be established firstly that there had been inadvertence on the part of the complainant in terms of the failure to identify the correct Respondent when the proceedings were instituted and secondly that such leave to amend would not result in an injustice being done to the proposed Respondent.

In this case the Adjudication Officer pointed out that the Respondent had used various names in communications with the employee and on that basis granted leave to amend the name of the Respondent.

*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.

*In contentious cases a solicitor may not charge fees or expenses as a proportion or percentage of any award or settlement.

Richard Grogan

Author Richard Grogan

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