ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012078
Parties:
| Complainant | Respondent |
Anonymised Parties | A member of the sales department | A security services company |
Representatives |
| Joseph Burke, McCartan & Burke Solicitors |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00016044-001 | 29/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00016044-002 | 29/11/2017 |
Date of Adjudication Hearing: 23/04/2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015, these complaints were assigned to me by the Director General. A hearing was arranged for April 23rd 2018; however, the complainant did not attend at the WRC at the scheduled time of 9.30am. At 9.34am, an e mail was received from the complainant by the Post Registration Unit of the WRC, seeking an adjournment. He sought this adjournment because he said that his solicitor had not had an opportunity to consider the contents of a submission sent to the WRC by the respondent at 17.00 on Friday, April 20th. The complainant’s solicitor did not attend the WRC. An adjournment has not been granted and the reason has been communicated to the complainant by separate correspondence.
The respondent was represented by Mr Joseph Burke of McCartan and Burke Solicitors and the Managing Director and four executives of the company attended to give evidence.
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 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.
As he did not attend the hearing scheduled for April 23rd 2018, the complainant has failed to establish the validity of his complaints. I therefore conclude the investigation and find against the complainant. |
Dated: 9th July 2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Non-attendance of the complainant |