ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009309
Parties:
| Complainant | Respondent |
Anonymised Parties | A Kitchen Assistant | A Restaurant |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00012240-003 | 02/07/2017 |
Date of Adjudication Hearing: 27/09/2017
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, and Section 7 of the Terms Of Employment (Information) Act, 1994, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
On July 2, 2017, the Complainant lodged a complaint before the WRC stating that she had not received documentation or a contract .On 15 August, 2017, the parties were notified of the forthcoming hearing scheduled for 10.30 am on 27 September, 2017. |
Summary of Complainant’s Case:
The Complainant submitted an outline of her case on her complaint form. She stated that she was a Polish worker, who commenced work on a 6 hour week as a kitchen Assistant on 26 November, 2016.There were no details submitted on pay. The Complainant submitted that she had not received a contract of employment. |
Summary of Respondent’s Case:
The Respondent refuted the claim and stated that the complainant had received details of her terms of employment, but handed them back .The Director stated that the complainant had since left employment. The Director also registered disappointment that the complainant had not appeared at the hearing as he as both Directors had travelled a long distance to the hearing, enduring very difficult weather conditions. |
Findings and Conclusions:
I am satisfied that the complainant was properly notified of the hearing. I was not alerted to any particular reason for her non appearance and I allowed an extended waiting period to permit her attendance .I appreciate that the Respondent was aggrieved at having to leave a demanding business to address the claim , only to be met by a non appearance by the complainant. The Respondent agreed to a revision in the Company Details to reflect the correct legal title . I find that the complainant did not present at the scheduled hearing to prosecute her claim and I must find that the claim cannot therefore succeed. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 7 of the Terms of Employment (Information) Act, 1994, as amended requires me to make a decision in this case.
I have found that the claim fails for want of prosecution.
Dated: 23/11/17
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Key Words:
Statement of terms of employment. |