ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002420
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00003226-001 | 16/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00003226-002 | 16/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00003226-003 | 16/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00003226-004 | 16/03/2016 |
Date of Adjudication Hearing: 09/12/2016
Workplace Relations Commission Adjudication Officer: Caroline McEnery
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 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).
Decision:
In accordance with the above legislation I issue the following decision following the establishment of the Workplace Relations Commission on 1 October 2015, as an Adjudication Officer who was an Equality Officer prior to 1 October 2015, in accordance with section 83 (3) of the Workplace Relations Act 2015. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. The Complainant and Respondent were notified of the arrangements for the hearing in writing, by delivery on the 2nd of November 2016. I am also satisfied that both parties were notified via email.
I find that the Complainants’ failure to attend such a hearing was unreasonable in the circumstances outlined above and that any obligation under Section 79 has ceased. As no evidence was given at the hearing in support of the allegations, I conclude the investigation and find against the Complainant.
Dated: 05/05/2017