ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00015736

Parties:

	Complainant	Respondent
Anonymised Parties	A Cleaner	A Contract Cleaning Company

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
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-00020418-001	09/07/2018
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-00020418-002	09/07/2018
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-00020420-001	09/07/2018
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-00020420-002	09/07/2018

Date of Adjudication Hearing: 26/11/2018

Workplace Relations Commission Adjudication Officer: Orla Jones

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The complainant referred a complaint against the above respondent on the 9^th of July 2018. As required by the Act and, as part of my investigation, I proceeded to a hearing on the 26^th of November 2018. On the day of the hearing, neither the complainant nor the respondent was in attendance.

Summary of Complainant’s Case:

The Complainant did not attend the hearing.

Summary of Respondent’s Case:

The Respondent did not attend 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 complaint fails and is not upheld.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

As no evidence was given at the hearing in support of the allegations made I find that that the complaint fails and is not upheld.

Dated: 29^th April 2019

Workplace Relations Commission Adjudication Officer: Orla Jones

Key Words: