ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012320
Parties:
| Complainant | Respondent |
Anonymised Parties | A Car Salesman | A Car Dealership |
Representatives | Solicitor | Solicitor |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00016174-001 | 07/12/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00016174-002 | 07/12/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00016174-003 | 07/12/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00016174-004 | 07/12/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00016174-005 | 07/12/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00016174-006 | 07/12/2017 |
Date of Adjudication Hearing: 11/06/2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 41 of the Workplace Relations Act 2015 and Section 8 of the Unfair Dismissals Acts 1977 - 2015, these complaints were assigned to me by the Director General. A hearing was arranged for June 11th, 2016, for the parties to have an opportunity to be heard and to present evidence relevant to the complaints.
The complainant attended the hearing with his wife and he was represented by Padraic Lyons BL, instructed by Marc Fitzgibbon of Lavelle Solicitors. The respondent was represented by Ger Connolly of Mason Hayes & Curran Solicitors.
Background:
At the opening of the hearing, both sides requested an adjournment so that other matters related to the complainant’s employment and its termination could be resolved. The complainant was also concerned to get access to information pertaining to his employment and I agreed to an adjournment pending the satisfactory completion of the data access request. On July 27th, 2018, the complainant’s solicitor, Mr Fitzgibbon, wrote to the WRC to state that his client was not satisfied that he had received from his employer all the information he was entitled to and he confirmed that he intended to submit a complaint to the Data Protection Commissioner. On January 28th and February 15th, 2019, I wrote by e mail to Mr Fitzgibbon to ask him if his client was ready to proceed with his complaint. I received a reply on February 26th in which Mr Fitzgibbon said he was taking instructions from his client and that he expected to revert “this week.” On March 1st, Mr Fitzgibbon wrote to say that he “hasnow made a formal complaint to the Data Protection Commissioner.” As it is more than seven months since the complainant indicated his intention to make a complaint to the Data Protection Commissioner, and, as it appears that he has not yet done so, I have decided to conclude this investigation. The complainant has not adduced evidence in relation to his complaint and there is no clear prospect to indicate that he intends to do so in the future. |
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 and section 8 of the Unfair Dismissals Acts 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
In the circumstances where neither the complainant or his representative have contacted the WRC to confirm his intention to proceed with a hearing and, in the absence of any evidence to the contrary having been adduced before me, I must conclude that these complaints are not well founded and I decide accordingly. |
Dated: 29 April 2019
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Non-attendance of the complainant |