ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00005009

Complaints:

Date of Adjudication Hearing: 17/02/2017

Workplace Relations Commission Adjudication Officer: Aideen Collard

Location of Hearing: Lansdowne House, Lansdowne Road, Ballsbridge, Dublin 4

Procedure:

Pursuant to Section 41 of the Workplace Relations Act 2015, the Director General of the Workplace Relations Commission (hereinafter ‘WRC’) referred the aforesaid complaints received on 20^th September 2016, to me for adjudication. I proceeded to hearing on 17^th February 2017 and gave the Parties an opportunity to be heard and to present any relevant evidence.  There was no attendance on behalf of the Complainant and no application had been made to the WRC for an adjournment. I satisfied myself that a letter dated 18^th January 2017 had issued to the Complainant at the address provided, confirming the venue, date and time of the hearing. An Associate with Beauchamps Solicitors attended with a witness on behalf of the Respondent and had not received any notice that the Complainant had changed address. I confirmed that the Complainant had not contacted the WRC to indicate any difficulty attending. I also made enquiries as to her whereabouts with reception and allowed at least 30 minutes to elapse. Before excusing the Associate and witness, I indicated that I would allow a reasonable period of time for the Complainant to contact the WRC with an explanation for her non-attendance and depending upon same, the hearing may be rescheduled.

Summary of Complainant’s Case:

As a former employee, the Complainant had made various complaints against the Respondent to the WRC under Section 27 under the Organisation of Working Time Act 1997 and Section 7 of the Terms of Employment (Information) Act 1994. She had subsequently submitted some supporting documentation under cover of letter which elaborated on her complaints. However, there was no attendance on her behalf at the hearing as outlined above. I therefore had no confirmation that she wished to pursue her complaints, and no oral evidence was given in support of these complaints.

Summary of Respondent’s Case:

An Associate from Beauchamps Solicitors on behalf of the Respondent attended at the hearing with the requisite witness and documentation to mount a full defence in response to these complaints.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to these complaints in accordance with the relevant redress provisions under Schedule 6 of that Act. I am satisfied that a letter dated 18^th January 2017 issued to the Complainant at her address provided, confirming the venue, date and time of the hearing, and further, that she did not contact the WRC to indicate any difficulty attending or seek an adjournment. A period in excess of 28 days has been allowed to elapse after the hearing before issuing this decision, to allow for the Complainant to contact the WRC with an explanation for her non-attendance but no such contact has been made. I find the Complainant’s non-attendance at the hearing to pursue her complaints unreasonable in the circumstances. Therefore, her complaints fail for lack of evidence and are accordingly dismissed.

Dated:   19^th April 2017

Workplace Relations Commission Adjudication Officer: Aideen Collard