ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00012220

Parties:

	Complainant	Respondent
Anonymised Parties	{A Complainant}	{A Company}

Representatives

Vadim Karpenko First National Consulting and Legal Services

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00015732-001	11/11/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00015994-001	25/11/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00015994-002	25/11/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00015994-003	25/11/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00016660-001	06/01/2018

Date of Adjudication Hearing: 31/05/2018

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015, Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and Section 79 of the Employment Equality Acts, 1998 - 2015,following the referral of the complaint 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 was employed with the Respondent from 17th of June 2012.

Summary of Complainant’s Case:

The Complainant has made various complaints under the Acts. There was no appearance by the Complainant at the hearing.

Summary of Respondent’s Case:

The Respondent appeared at the hearing and sought a dismiss of the complaints based on the Complainant’s non-attendance.

Findings and Conclusions:

There was no appearance by the Complainant at the hearing in order to validate his complaints. Substantial grounds for his non-attendance at the hearing were not furnished by the Complainant and the complaints are dismissed.

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 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 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.

I decide that the complaints are dismissed due to the non-attendance of the Complainant at the hearing and his failure to furnish substantial grounds for his non-attendance in a timely manner.

Dated: 17th December 2018

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

Key Words:

Non-appearance, failure to furnish substantial grounds for non-attendance