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Janet Moloney’s three WRC complaints against Mary Sheppard were not well founded

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found three complaints brought by Janet Moloney against Mary Sheppard not well founded after Ms Moloney named the wrong respondent. A duplicate complaint about terms of employment was withdrawn. The decision was dated 24 April 2024. The claims concerned alleged unpaid holiday pay and commissions, a reduction in Ms Moloney’s weekly hours from 35 to 29 after Covid-19 restrictions were lifted, and constructive dismissal. She said her employer was Eyesight Opticians Limited. Ms Sheppard said the company, rather than her, was the employer. The officer found that Ms Moloney’s contract and payslips identified the company and that she knew this before filing her complaints. Ms Moloney did not apply to replace the named respondent with the company. The complaints were therefore found not well founded; the officer did not determine the underlying pay, hours or dismissal claims.

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