ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013298
Parties:
| Complainant | Respondent |
Anonymised Parties | A general operative | A printing and office supplies business |
Complaints:
Act | Complaint/Dispute 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-00017347-001 | 08/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00017347-002 | 08/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00017347-004 | 08/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00017347-006 | 08/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00017347-007 | 08/02/2018 |
Date of Adjudication Hearing: 07/06/2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 13 of the Industrial Relations Acts 1969, these complaints were assigned to me by theDirector General. A hearing was arranged for June 7th 2018 at 12.30pm; however, neither the complainant or the respondent attended at the WRC at the scheduled time. I established that both parties were correctly on notice of the hearing.
While neither party to the complaint attended the hearing, the solicitor for the complainant, Mr Seán O’Hanrahan did attend. He said that his client was not responding to phone calls today, although he spoke to him by telephone the previous day, June 6th.
At Mr O’Hanrahan’s request, I gave the complainant some time to turn up and commenced the hearing again after 20 minutes. He had still not arrived. Mr O’Hanrahan requested an adjournment, which was refused. He then requested that the case be treated as waiting for a hearing. I also refused this request. I informed Mr O’Hanrahan that I would make a decision on the complaint in accordance with the standard procedure where a complainant fails to attend to substantiate a complaint.
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 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Neither the complainant or the respondent attended the hearing scheduled for June 7th 2018. As the complainant has failed to attend to establish the validity of his complaints, I conclude the investigation and find against him. |
Dated: 14th August 2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Non-attendance of both parties |