ADJ-00014806

ADJUDICATION OFFICER DECISION AND RECOMMENDATION

Adjudication Reference: ADJ-00014806

Parties:

	Complainant	Respondent
Anonymised Parties	A Worker	A Services Company

Representatives

Hugh Hegarty, Management Support Services (Ireland) Ltd

Complaints:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00018970-001	04/05/2018
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00018970-002	04/05/2018
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00018970-003	04/05/2018
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00018970-004	04/05/2018
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)	CA-00018970-005	04/05/2018

Date of Adjudication Hearing: 13/11/2018

Workplace Relations Commission Adjudication Officer: Stephen Bonnlander

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015and Section 79 of the Employment Equality Acts, 1998 - 2015 and Section 13 of the Industrial Relations Acts 1969following the referral of the complaints and the dispute to me by the Director General, I inquired into the complaints and the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints and the dispute.

Background:

The complainant referred his complaints and his dispute on 4 May 2018. It was delegated to me by the Director General on 5 October 2018 for investigation and decision, respectively recommendation. A joint hearing with the parties was scheduled for 13 November 2018. The respondent attended at the time indicated on the hearing letter. The complainant did not. I postponed the beginning of the hearing for about 25 minutes to allow for any unforeseen delays on the part of the complainant. I also made enquiries with Commission staff as to whether the complainant had made contact to explain the situation, but he had not.

I then adjourned the matter for 24 hours to give the complainant an opportunity to explain his absence, but the complainant did not do so.

Findings and Conclusions:

As part of my investigation under the statutes under which the complainant seeks relief, I am obliged to hold a hearing. I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any such obligation has ceased.

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.

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

In the light of the foregoing, and in accordance with Section 41 of the Workplace Relations Act, 2015, Section 79(6) of the Employment Equality Acts 1998 to 2015, and Section 13 of the Industrial Relations Act, 1969, I issue the following decision, respectively recommendation:

As no evidence was given by the complainant at the hearing in support of his complaints and of the dispute, I conclude the investigation and find against the complainant.

Dated: December 4th 2018

Workplace Relations Commission Adjudication Officer: Stephen Bonnlander

Key Words:

Payment of Wages Act, 1991 – European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) – Employment Equality Act, 1998 – Industrial Relations Act, 1946 – no show – no prima facie case.