ADJUDICATION OFFICER RECOMMENDATION
Adjudication Decision Reference: ADJ-00004486
Dispute for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00005181-001 | 14/06/2016 |
Date of Adjudication Hearing: 09/11/2016
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Complainant’s Submission and Presentation:
The complainant did not attend the hearing. He telephoned the WRC on October 1st to indicate that he was going into hospital but declined to provide any supporting information.
Respondent’s Submission and Presentation:
The subject matter of this dispute is a proposal to change the frequency of wage payments from weekly to monthly for a section of its employees.
The matter is due for consideration by the Conciliation service of the Labour Court some ten days after the date scheduled for this hearing.
Conclusions and Findings
This is a case under the Industrial Relations Act in respect of which the respondent could have objected to a hearing.
It is possible that the fact that the current case was within the WRC Adjudication system while the other matter is at the Labour Court may have led to some confusion.
In any event the appropriate forum for the matter is the Labour Court. Primarily in light of that but also given the complainant’s failure to attend the hearing I propose to dismiss the claim.
Recommendation:
Section 41(4) 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.
For the reasons set out above I dismiss CA-00005181-001.
Dated: 14th March 2017