ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00011534
Parties:
| Complainant | Respondent |
Anonymised Parties | A Care Worker | A Homecare Organisation |
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-00015410-001 | 27/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00015410-002 | 27/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00015410-003 | 27/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00015410-004 | 27/10/2017 |
Date of Adjudication Hearing: 27/03/2018
Workplace Relations Commission Adjudication Officer: David Mullis
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and Section 27 of the Organisation of Working Time Act, 1997 and Section 6 of the Payment of Wages Act following the referral of the complaint(s) to me by the Director General, I chaired a hearing to inquire into the complaint and give the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant did not attend the verbal hearing arranged for the 27th March 2018 to articulate her complaints under the above headings. I was therefore unable to inquire into the case. I am satisfied, from the amount of correspondence on the file, that the Complainant was well aware of the hearing having been arranged. |
Summary of Complainant’s Case:
As the Complainant did not appear, I do not have the detail on her claim and did not have the opportunity to inquire into the claims. |
Summary of Respondent’s Case:
The Respondent did appear. Because of the non-appearance of the Complainant I believe there was no case to answer and I did not formally take evidence. |
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Findings and Conclusions:
As there was no appearance by the Complainant and therefore no enquiry was possible, I find that the claims fail. |
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.
I find that the claims fail for want of prosecution. |
Dated: 7th September, 2018
Workplace Relations Commission Adjudication Officer:David Mullis