ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014743
Parties:
| Complainant | Respondent |
Anonymised Parties | A Cleaner | A Cleaning Company |
Representatives |
| Hugh Hegarty Management Support Services (Ireland) Ltd |
Complaints:
Act | Complaints Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00018952-001 | 04/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00018952-002 | 04/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00018952-003 | 04/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00018952-004 | 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-00018952-005 | 04/05/2018 |
Date of Adjudication Hearing: 25/03/2019
Workplace Relations Commission Adjudication Officer: Marian Duffy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015and Section 79 of the Employment Equality Acts, 1998 - 2015,andfollowing 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 is employed as a cleaner by the respondent since 11th February 2003. He is claiming that the respondent has been in breach of the Payment of Wages Act and the Industrial Relations Act in respect of the Registered Employment Agreements concerning pay. He further claims that there was a breach of TUPE and that he was discriminated on the age ground contrary to the terms of the Employment Equality Acts. |
Summary of Complainant’s Case:
There was a hearing arranged for the 25th March 2019 to hear the evidence in this case and the complainant failed to attend. |
Summary of Respondent’s Case:
The respondent attended the hearing with a representative and was ready to present their case. |
Findings and Conclusions:
CA-00018952-001, CA-00018952-002, CA-00018952-004, CA-00018952-005
The complaints set out above were referred to me for investigation. A hearing for that purpose was held on 25th March 2019. There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that the complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaints are not well-founded and I decide accordingly. |
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.
In the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaints are not well-founded and I decide accordingly. |
Findings and Conclusions:
CA-00018952-003
The complaint under the Employment Equality Act was referred to me for investigation. A hearing for that purpose was held on 25th March 2019. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. I am satisfied that the complainant was notified of the arrangements for the hearing. I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 79 has ceased. As no evidence was given at the hearing in support of the allegations of discrimination, I conclude the investigation and find against the complainant. |
Decision:
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 of discrimination, I conclude the investigation and find against the complainant. |
Dated: April 16th 2019
Workplace Relations Commission Adjudication Officer: Marian Duffy
Key Words:
No Appearance by complainant |