ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00009768

	Complainant	Respondent
Anonymised Parties	Engineering Contractor	Apprentice Electrician

Representatives

The claimant did not attend and was represented at the hearing by Derek Kelleher and Brian Nolan of the TEEU

The respondent did not attend and was not represented at the hearing.

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00012801-001	26/07/2017

Date of Adjudication Hearing: 10/10/2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and 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).

Summary of Complainant’s Case:

From the evidence presented by the claimant’s union at the hearing , it emerged that the named claimant is an employer who is seeking a remedy under the Act for the alleged failure by the respondent to give proper notice of termination of employment.

Summary of Respondent’s Case:

The named respondent , who was an employee of the claimant did not attend and was not represented at the hearing .

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.

Section 11 of the Minimum Notice and Terms of Employment Act , 1973 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

On the basis of the evidence presented at the hearing I am satisfied that this complaint is misconceived and I have no jurisdiction to investigate this complaint.

Dated: 31st July 2018

Workplace Relations Commission Adjudication Officer: Emer O'Shea