ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00004329

Complaint(s):

ActComplaint/Dispute Reference No.Date of Receipt Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005 CA-00006112-002 25/07/2016   Date of Adjudication Hearing: 16/01/2018 Workplace Relations Commission Adjudication Officer: Peter O'Brien

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).  

Background:

The Complainant submitted a claim to the WRC and was offered the opportunity to be heard at an Adjudication Hearing but she did not attend to present any evidence to support her claim.

Summary of Complainant’s Case:

The Complainant submitted a claim to the WRC for penalisation by the Respondent but did not attend the Hearing.  

Summary of Respondent’s Case:

The Complainant was employed from November 15th 2015 until she resigned on March 16TH 2016. The Respondent made a submission contesting and refuting the claim. The Respondent specifically sought a Decision on this claim that stated the claim had been withdrawn from the WRC by the Complainant by email dated December 8th 2016 which stated “as per the WRC, I have closed all complaints”, which followed other WRC Hearrings involving the parties.  

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. As the Complainant did not attend the Hearing to provide any evidence and the Respondent produced an email from the Complainant dated December 8th 2016 stating that she had closed all WRC complaints, against the Respondent, I deem that the claim is not well founded and appears to have been considered closed by the Complainant on December 8th 2016. The claim fails on both of the above counts.

Dated:   16/02/2018

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Key Words: Penalisation