ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00014754
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Contract Cleaner |
Representatives |
| John Barry Management Support Services (Ireland) Ltd |
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-00018967-001 | 04/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00018967-002 | 04/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00018967-003 | 04/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00018967-004 | 04/05/2018 |
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-00018967-005 | 04/05/2018 |
Date of Adjudication Hearing: 23/08/2018
Workplace Relations Commission Adjudication Officer: Orla Jones
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 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.
Background:
The complainant referred complaints against the above respondent on 4th of May 2018. As required by the Act and, as part of my investigation, I proceeded to a hearing on the 23rd of August, 2018. On the day of the hearing, the complainant was not in attendance. The respondent attended the hearing as scheduled. This decision is issued by me following the establishment of the Workplace Relations Commission on 1 October 2015, as an Adjudication Officer who was an Equality Officer prior to 1 October 2015, in accordance with section 83 (3) of the Workplace Relations Act 2015. |
Summary of Complainant’s Case:
The complainant was not in attendance at the hearing. |
Summary of Respondent’s Case:
The respondent was in attendance on the day of the hearing. |
Findings and Conclusions:
As part of my investigation I am obliged to hold a hearing. I am satisfied that both parties received notification of the hearing arrangements. I find that the complainant's failure to attend such a hearing was unreasonable in the circumstances. As no evidence was given at the hearing in support of the allegations made I find that that the complaints fail and are not upheld. |
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. 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.
As no evidence was given at the hearing in support of the allegations made I find that that the complaints fail and are not upheld. |
Dated: September 18th 2018
Workplace Relations Commission Adjudication Officer: Orla Jones
Key Words:
|