ADJUDICATION OFFICER DECISION
Adjudication Reference:
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00004773
Parties:
| Complainant | Respondent |
Anonymised Parties | A Warehouse Operative | A Distribution Company (3) |
Representatives | SIPTU | Ken Stafford Management Consultancy Services |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00006684-001 | 21/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00006684-003 | 21/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00006684-004 | 21/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00006684-005 | 21/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006684-007 | 21/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00006684-009 | 21/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00006684-010 | 21/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00006684-011 | 21/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00006853-001 | 29/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00006853-003 | 29/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00006853-004 | 29/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006853-005 | 29/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006853-006 | 29/08/2016 |
Date of Adjudication Hearing: 09/08/2018
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints 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.
Summary of Complainant’s Case:
This was one of six ADJs submitted by this complainant against four respondents comprising just under seventy separate complaints. . It had previously been adjourned due to the absence of a key witness for the respondent on maternity leave. The complainant did not attend the hearing The complainant’s union official (who attended for the purposes of related cases by the complainant’s co-workers) indicated that she had been in regular contact with the complainant up to some weeks before the hearing but had been unable to make contact with her in the period leading immediately up to the hearing. Therefore, she could offer no explanation as to why the complainant had failed to attend the hearing.
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Summary of Respondent’s Case:
The respondent was in attendance. |
Findings and Conclusions:
As noted the complainant did not attend the hearing and did not provide any explanation for her failure to do so. For that reason the complaints fall for want of prosecution. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Complaints CA-00006684-1, 3, 4, 5, 7, 9, 10, 11 and CA-00006853-1, 3, 4, 5, 6 are not upheld and are dismissed. |
Dated: 9th October 2018
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Non-attendance of complainant. |
Parties:
| Complainant | Respondent |
Anonymised Parties | A Warehouse Operative | A Distribution Company (3) |
Representatives | SIPTU | Ken Stafford Management Consultancy Services |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00006684-001 | 21/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00006684-003 | 21/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00006684-004 | 21/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00006684-005 | 21/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006684-007 | 21/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00006684-009 | 21/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00006684-010 | 21/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00006684-011 | 21/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00006853-001 | 29/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00006853-003 | 29/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00006853-004 | 29/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006853-005 | 29/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006853-006 | 29/08/2016 |
Date of Adjudication Hearing: 09/08/2018
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints 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.
Summary of Complainant’s Case:
This was one of six ADJs submitted by this complainant against four respondents comprising just under seventy separate complaints. . It had previously been adjourned due to the absence of a key witness for the respondent on maternity leave. The complainant did not attend the hearing The complainant’s union official (who attended for the purposes of related cases by the complainant’s co-workers) indicated that she had been in regular contact with the complainant up to some weeks before the hearing but had been unable to make contact with her in the period leading immediately up to the hearing. Therefore, she could offer no explanation as to why the complainant had failed to attend the hearing.
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Summary of Respondent’s Case:
The respondent was in attendance. |
Findings and Conclusions:
As noted the complainant did not attend the hearing and did not provide any explanation for her failure to do so. For that reason the complaints fall for want of prosecution. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Complaints CA-00006684-1, 3, 4, 5, 7, 9, 10, 11 and CA-00006853-1, 3, 4, 5, 6 are not upheld and are dismissed. |
Dated: 9th October 2018
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Non-attendance of complainant. |