ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00011724
Parties:
| Complainant | Respondent |
Anonymised Parties | A former employee | A shipping service company. |
Representatives | Did not attend hearing. | Mr Ken Stafford, Consultant. |
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-00015583-001 | 03/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 | CA-00015583-002 | 03/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00015583-003 | 03/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00015583-004 | 03/11/2017 |
Date of Adjudication Hearing: 03/10/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant commenced employment with the Respondent on 02/11/2016 on a one-year fixed term contract. He was dismissed from employment on 14/09/2017. The Complainant lodged complaints with the Workplace Relations Commission (WRC) on 03/11/2017, these complaints were as follows: CA -00015583 – 001 – Complaint under section 11 of the Minimum Notice and Terms of Employment Act, 1973. CA -00015583 – 002 – Complaint under section 14 of the Protection of Employees (Fixed Term Work) Act, 2003. CA -00015583 – 003 – Complaint under section 27 of the Organisation of Working Time Act, 1997. CA -00015583 – 004 – Complaint under section 77 of the Employment Equality Act, 1998.
|
Summary of Complainant’s Case:
The Complainant failed to attend the scheduled hearing of the complaints. Correspondence in relation to arrangements for the hearing were sent out by the WRC on 29th August 2018, some five weeks prior to the hearing date. No request for an adjournment of this hearing was requested or received by the WRC. |
Summary of Respondent’s Case:
The Respondent and his representative attended as scheduled and were prepared to present a full defence against the complaints. |
Findings and Conclusions:
I have no alternative other than to find that the case fails for lack of prosecution |
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 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.
The Complaint fails for lack of prosecution. |
Dated: 10th October 2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
|