ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00006561
Parties:
| Complainant | Respondent |
Parties | Repair Technician | Repair Company |
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-00008937-001 | 30/12/2016 |
Date of Adjudication Hearing: 16/06/2017
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Location of Hearing: Radisson Blu Hotel Cork
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 30 December, 2016, the Complainant submitted a complaint to the WRC .He stated that he had not been provided with a contract of his terms and conditions. He submitted that he had commenced work on 26 September, 2016 and was dismissed due to competition on 30 November,2016 . He contended that he had left Spain specifically for this job in Ireland |
Summary of Complainant’s Case:
There was no appearance for or on behalf of the complainant at the hearing. |
Summary of Respondent’s Case:
The Respondent rejected the claim .The Managing Director of the company gave evidence that the complainant was provided with a written statement of his terms of conditions of employment in accordance with the Act on October 3, 2016. A copy of same was submitted. He was requested to return the contract signed, but did not; saying that he had left it at home .He did not raise any issue regarding the statement during the course of his employment. The Respondent submitted that the complainant had difficulty achieving targets at the company and was given every opportunity to improve prior to his termination due to his self promotion on Social Media, which was in breach of his contract. The Respondent stated that the company was disappointed in the complainants work performance which was at variance with the documentation contained in his Curriculum Vitae. |
Findings and Conclusions:
I am satisfied that the complainant was fully notified of the date, time and place of hearing on 18 April, 2017.The address relied on was consistent with the address cited on the complaint form. I was not notified of any reason for the complainants’ non attendance and I allowed a period of 30 mins waiting time before commencing the hearing. There was no appearance for or on behalf of the complainant. |
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 requires me to make a decision in accordance with the provisions of the Acts.
I find that in the absence of the complainant, the claim falls for want of prosecution.
Dated: 23/08/2017
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Key Words:
Statement in writing of terms of employment |