ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019125
Parties:
| Complainant | Respondent |
Anonymised Parties | A Risk Officer | A Financial Institution |
Representatives | Paula Quinn, Reddy Charlton Solicitors | Judy McNamara, IBEC |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00025007-001 | 14/01/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00025007-002 | 14/01/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 | CA-00025007-003 | 14/01/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 | CA-00025007-004 | 14/01/2019 |
Date of Adjudication Hearing: 29/03/2019
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
These complaints were submitted to the WRC on January 14th 2019. In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015, they were assigned to me by the Director General. A hearing was arranged for March 29th 2019; however, the complainant did not attend. Mr David Keane of Reddy Charlton Solicitors attended on her behalf and requested an adjournment. Ms Judy McNamara of IBEC attended for the respondent, and it was apparent that she had been informed that the complainant would not be in attendance.
Background:
I understand that Mr Keane of Reddy Charlton Solicitors applied for an adjournment of this hearing on the afternoon of March 27th due to the illness of another solicitor at the firm. That application was refused. The complainant did not attend the hearing at the appointed time on March 29th and Mr Keane repeated his request for an adjournment. He said that due to the illness of his colleague, Mr Michael Hegarty, a submission had not been finalised and he was not in a position to set out the complainant’s case. There was no objection to this application by the representative for Citi, Ms Judy McNamara of IBEC. |
Findings and Conclusions:
Having considered this matter, I have decided not to agree to an adjournment for the following reasons: On her complaint form, the complainant’s representative is stated to be Ms Paula Quinn of Reddy Charlton Solicitors. At the hearing, Mr Keane explained that Ms Quinn is currently in Japan and these complaints were assigned to Mr Hegarty. As they have already been re-assigned once, and, as Reddy Charlton employs several solicitors, I see no reason why the case could not have been taken up at short notice by another solicitor. Despite a reminder sent on February 13th and confirmation from Mr Hegarty on March 6th that a submission was in preparation to set out the details of the complainant’s complaints, no submission has been received. The effect of this is that the respondent is not in a position to defend the complaints. In the knowledge that an adjournment was refused on March 28th, the complainant should have attended the hearing at the appointed time. As she was not in attendance, there was no possibility that the hearing could proceed. It is my view that, as Mr Keane was available, there was no impediment to him representing the complainant at the hearing on March 29th. |
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 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.
In the circumstances where the complainant did not attend the hearing, and in the absence of any evidence to the contrary having been submitted, I must conclude that these complaints are not well founded and I decide accordingly. |
Dated: 17th April 2019
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Non-attendance of the complainant |