ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007687
Parties:
| Complainant | Respondent |
Anonymised Parties | Supervisor | Security Company |
Representatives |
| Did not attend |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00010173-001 | 11/03/2017 |
Date of Adjudication Hearing: 21/06/2017
Workplace Relations Commission Adjudication Officer: John Tierney
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 Claimant is seeking the implementation of a compliance order made by a WRC Inspector |
Summary of Complainant’s Case:
An inspection was carried out by the WRC Inspectorate in March 2016 in regard to the minimum wages in the security industry. It was not appealed by the Respondent but was not implemented. The Claimant is seeking that the compliance order be implemented. |
Summary of Respondent’s Case:
There was an unexplained absence of the Respondent. |
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
Section 28(1) of the Workplace Relations Act, 2015 provides that a duly appointed Inspector of the Workplace Relations Commission may issue a Compliance Notice where s/he is satisfied that an employer has contravened a provision of any enactment to which section 28 applies. I am satisfied, on the uncontested evidence of the complainant, that an Inspector issued a Compliance Notice on the respondent. The complainant asserts that the terms of this Compliance Notice were neither appealed nor implemented by the respondent and seeks a decision from me seeking, in effect, an order to the respondent instructing it to implement the terms of the Compliance Notice. The Workplace Relations Act, 2015 does not provide any role for an Adjudication Officer in the enforcement or appeal of a Compliance Order. Consequently, I have no jurisdiction to deal with this matter. |
Dated: 9th May 2018
Workplace Relations Commission Adjudication Officer: John Tierney
Key Words:
Compliance order. |