ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00003271

Parties:

	Complainant	Respondent
Anonymised Parties	An Employee	A Retail Business

Representatives

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00004529-001	18/05/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00004529-002	18/05/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00004529-003	18/05/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00004529-004	18/05/2016
Complaint seeking adjudication by the Workplace Relations Commission under Schedule 2 of the Protected Disclosures Act, 2014	CA-00004529-005	18/05/2016

Date of Adjudication Hearing: 05/12/2018

Workplace Relations Commission Adjudication Officer: Ray Flaherty

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, andfollowing 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 had been employed in the Respondent’s retail business since 1 July 2007.

Summary of Complainant’s Case:

The Complainant failed to attend the Hearing which had been arranged to hear his complaints, lodged under the Unfair Dismissals Act, 1977, the Payment of Wages Act, 1991, the Organisation of Working time Act, 1997 and the Protected Disclosures Act, 2014.

Summary of Respondent’s Case:

The Respondent and his accountant attended the Hearing.

In the absence of evidence from the Complainant in support of his complaints, there was no obligation on the Respondent to provide evidence in response. However, the Respondent produced documentary evidence to refute the claims made under the Payment of Wages Act and the Organisation of Working Time Act. This evidence showed that all monies due to the Complainant were paid and signed for prior to or at the time of his resignation from his employment.

In addition, in relation to the Complainant’s claim of unfair dismissal, the Respondent provided evidence to show that he (the Complainant) had informed him, three days prior to the date on which the Complainant alleged he was dismissed, of his decision to resign, as he was returning to his home country.

Findings and Conclusions:

I am satisfied that the Complainant was notified of the arrangements for the Hearing, which was to investigate his complaints. I am also aware that this is the second Hearing into his complaints which the Complainant has failed to attend.

In all the circumstances, I am satisfied that the Complainant’s failure to attend the hearing is unreasonable.

Consequently, in the absence of evidence from the Complainant to support his complaints and in light of the evidence provided at the Hearing by the Respondent, I find against the Complainant.

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 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.

Based on the considerations/findings as detailed above, I find against the Complainant and dismiss his complaints.

Dated: 05/12/18

Workplace Relations Commission Adjudication Officer: Ray Flaherty