The Workplace Relations Commission found that Walter De Brito had not been dismissed by Bidvest Noonan, and declared his unfair dismissal complaint not well founded. The decision was dated 12 May 2023.
De Brito worked as a cleaner for the company. Bidvest Noonan said his employment transferred to another cleaning company after it lost the contract for his worksite. De Brito said he was laid off on 27 March 2020 and never worked for the transferee.
The adjudication officer found De Brito had not received the transfer letter because Bidvest Noonan sent it to an incorrect address. The officer also found the company had not clearly ended his employment: he remained active on its system and was still registered as its employee with Revenue. The unfair dismissal complaint was therefore not well founded because the officer found there had been no dismissal.
The WRC also declared his Payment of Wages and Organisation of Working Time complaints not well founded. It found the alleged breaches occurred before 11 May 2021 and were outside the time limit; the merits were not decided.