ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006271
Parties:
Anonymised Parties | Complainant | Respondent |
Complaint(s):
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-00006568-001 | 22/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00006568-002 | 22/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00006568-003 | 22/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00006568-007 | 22/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00006568-008 | 22/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00006568-009 | 22/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005 | CA-00006568-010 | 22/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00006568-011 | 22/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 62(2) of the Charities Act 2009 | CA-00006568-012 | 22/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00006568-013 | 22/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00006568-014 | 22/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00006568-015 | 22/08/2016 |
Date of Adjudication Hearing: 21/03/2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 Section 8 of the Unfair Dismissals Acts, 1977 - 2015, Section 79 of the Employment Equality Acts, 1998 - 2015, and Section 13 of the Industrial Relations Acts 1969] following the referral of the complaint(s)/dispute(s) 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
Preliminary Issue;
The claimant was employed by the respondent as a Physiotherapist in November 2005 until his dismissal on the 25th February 2016.
The respondent stated that the claimant had submitted 12 claims, all of which are disputed by them. It was alleged that to date no attempt has been made to create a meaningful distinction between these matters and any attempt to do so now would be opportunistic.
It was the respondent’s view that the submissions of such volume of complaints without due care and without accompanying pleadings are both frivolous and vexations and the respondent would ask the Adjudicator to consider this.
Ca-0006568-001 Payment of Wages Act 1991
Findings
The claimant did not attend.
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.
The complaint falls for want of prosecution.
Ca-00006568-002 Terms of Employment Information Act 1994
Findings
The claimant did not attend.
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.
The complaint falls for want of prosecution.
Ca-00006568-003 Unfair Dismissal Acts 1977
Findings
The claimant did not attend.
Recommendation
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.
The complaint fails for want of prosecution.
CA-00006568—007 Industrial Relations Act 1969
Findings
The claimant did not attend.
Recommendation
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute
The complaint falls for want of prosecution.
Ca—00006865-009 Employment Equality Act 1998
Findings
The claimant did not attend.
Decision
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.
The complainant did not show and the complaint falls.
Ca—00006865-010 Safety, Health, and Welfare at Work Act
Findings
The claimant did not attend.
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.
The complaint falls for want of prosecution.
Ca—00006865-011Employment Equality Acts
Findings
The claimant did not attend.
Decision
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.
The complaint falls for want of prosecution.
Ca—00006865-012 Charities Act 2009
Findings
The claimant did not attend.
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.
The complaint falls for want of prosecution.
Ca—00006865-013, 14, 15 Minimum Notice & Terms of Employment Act 1973.
Findings
The claimant did not attend.
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.
The complaint falls for want of prosecution.
Dated: 25 May 2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
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