ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00021669
Parties:
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| Complainant | Respondent |
Anonymised Parties | A Security Officer | An Employer |
Representatives | Paul Hardy SIPTU |
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Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00028456-001 | 16/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00028456-002 | 16/05/2019 |
Date of Adjudication Hearing: 01/08/2019
Workplace Relations Commission Adjudication Officer: Orla Jones
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 13 of the Industrial Relations Acts 1969 following the referral of the complaints/disputes to me by the Director General, I inquired into the complaints/disputes 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 the 16th of May 2019. The complaints were referred under Section 45A of the Industrial Relations Act, 1946. As required by the Act and, as part of my investigation, I proceeded to a hearing on the 25th of March, 2019. On the day of the hearing neither the complainant nor the respondent was in attendance. |
Summary of Complainant’s Case:
The complainant was not in attendance at the hearing. |
Summary of Respondent’s Case:
The respondent was not in attendance at the hearing. |
Findings and Conclusions:
As part of my investigation I am obliged to hold a hearing. There was no appearance by the complainant at the hearing. I am satisfied that the complainant received notification of the hearing arrangements and that no reasonable explanation was provided for the complainant’s non-attendance. As the complainant failed to attend the hearing to establish the validity of his complaint, I conclude the investigation and find against the complainant. |
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. Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
As the complainant failed to attend the hearing to establish the validity of his complaint, I conclude the investigation and find against the complainant. |
Dated: 15 August 2019
Workplace Relations Commission Adjudication Officer: Orla Jones
Key Words:
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