ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00005731
Complaint(s):
|
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00007840-001 | 26/10/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 |
CA-00007840-002 | 26/10/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 |
CA-00007840-003 | 26/10/2016 |
Date of Adjudication Hearing: 15/02/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Location of Hearing: Room G.05 Lansdowne House
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012, and/or Part VII of the Pensions Acts 1990 - 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations Acts 1969] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s)
Summary of Complainant’s Case:
The Claimant is claiming unlawful deduction from his pay. He further claims that his grievance were not hearing by the Respondent and his contract of employment was changed without his agreement. |
Summary of Respondent’s Case:
The Respondent advised the hearing that there is a personal injury claim being pursued by the Claimant and requested the claim under the Payment of Wages be adjourned until the matter is heard by the superior court. They further stated that the terms of the Claimant’s contract were observed at all times. In regard to his alleged grievance, he not exhaust the terms of the grievances procedure |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
I have considered the submissions made by the parties. And have made the following decisions; Under CA- 7840-001 As there are legal proceedings in a superior court I defer any decision under the Payment of Wages Act in this matter. Under CA-7840-002 I have examined the Claimant’s contact and do not find any breach of its terms Under CA-7840-003 As the Claimant has not exhausted the proper grievance procedure I made no find in this matter until he has done so. |
Dated: 14/06/2017
Workplace Relations Commission Adjudication Officer: John Tierney