ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00016071
Parties:
| Complainant | Respondent |
Anonymised Parties | A driver | A delivery company |
Representatives | No appearance | Ciaran MacLoughlin Solicitor |
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-00020792-001 | 25/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00020792-002 | 25/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00020792-003 | 25/07/2018 |
Date of Adjudication Hearing: 08/10/2018
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015and/or 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 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:
No appearance |
Summary of Respondent’s Case:
Each of the three complaints is denied |
Decision / Recommendation
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 there was no appearance on or on behalf of the Complainant and having been satisfied that the Complainant was properly on notice of the hearing I find that all three complainants fail for want of prosecution. It should be noted that subsequent to the hearing the Complainant contacted the WRC to state that due to illness he was unable to travel and requested a new hearing date. This phone call was received by the WRC approximately 30 minutes after the start time of the hearing. The adjudication officer received notice of this 35 minutes after the start time, by which time the Respondent’s had been discharged from the hearing venue. Prior to discharging the Respondent and their solicitor, the Adjudication Officer telephoned the WRC to confirm firstly that the Complainant was on notice of the hearing, which he was, and secondly to ascertain whether the Complainant had contacted the WRC that morning to say that he had been delayed, which he had not. In those circumstances the Respondents’ solicitor was informed by the Adjudication Officer that as the Complainant had not made an appearance that the complaints would be dismissed for want of prosecution. In circumstances where a last minute adjournment becomes necessary, this must be sought in advance of the start time otherwise the party risks, as has occurred in this case, the matter being determined on the basis of the uncontested evidence of the party who is present. |
Dated: 13th November, 2018
Workplace Relations Commission Adjudication Officer:Emile Daly