ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00006659

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00008812-003	15/12/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00008812-006	15/12/2016

Date of Adjudication Hearing: 05/06/2018

Workplace Relations Commission Adjudication Officer: Ray Flaherty

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015, and following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

The Complainant wrote in the Respondent’s restaurant from 26 September 2016 to 13 December 2016.

Summary of Complainant’s Case:

The Complainant did not attend the Hearing. Therefore, the following summary is taken from the Complainant’s WRC complaint form.

CA-00008812-003 (Employment Equality Act, 1998)

The Complainant stated that she was admitted to hospital on 24 November 2016, where she attended the Adult Mental Health Unit. The Complainant remained in hospital for one week.

The Complainant contends that on her discharge from hospital, she sent a text to her employer stating that she was available to work again. She stated that she received a reply the following day advising that the Respondent no longer needed her as he had found someone else to replace her. The Complainant further stated that the Respondent advised if he needed staff in the future, he would let her know.

CA-00008812-006 (Payment of Wages Act, 1991)

The Complaint claims that she did not receive any notice from the Respondent when her employment was terminated. Consequently, the Complainant is seeking payment of notice.

Summary of Respondent’s Case:

The Respondent attended the Hearing. However, as the Complainant did not attend, no evidence was taken from the Respondent.

Findings and Conclusions:

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that 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.

Both elements of the Complainant’s complaint fall for lack of prosecution.

Dated: 10/08/2018

Workplace Relations Commission Adjudication Officer: Ray Flaherty