ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007263
Parties:
| Complainant | Respondent |
Anonymised Parties | An agency worker | An employer |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00009663-001 | 12/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00009663-002 | 12/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Schedule 2 of the Criminal Justice Act 2011 | CA-00009663-003 | 12/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012 | CA-00009663-004 | 12/02/2017 |
Date of Adjudication Hearing: 06/10/2017
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
The hearing of this matter was arranged to take place on Friday 6th October 2017 at 9.00am in the offices of the Workplace Relations Commission, Lansdowne House, Lansdowne Road, Dublin 4. The respondent attended as scheduled. The complainant did not attend the hearing. Correspondence issued to the complainant outlining the date, venue and time of the hearing some six weeks in advance of the hearing date. On the day of the hearing attempts were made by staff of the WRC to contact the complainant by telephone without success. I waited until 9.45am in the event that the complainant had been delayed. There was no further contact from the complainant.
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 79 of the Employment Equality Acts, 1998 - 2015, 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).
Background:
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Summary of Complainant’s Case:
The complainant did not attend the Adjudication hearing and was not represented. |
Summary of Respondent’s Case:
The respondent was present at the Adjudication hearing to meet the complaints that were made. |
Findings and Conclusions:
As the complainant did not attend the hearing of the complaint and dispute, and as no contact was made with the WRC, both the complaint and dispute are dismissed for want of prosecution. |
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 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
As the complainant did not attend the hearing of the complaint and dispute, and as no contact was made with the WRC, both the complaint and dispute are dismissed for want of prosecution. |
Dated: 16/11/17
Workplace Relations Commission Adjudication Officer: Jim Dolan