ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017028
Parties:
| Complainant | Respondent |
Parties | Daniel Vaughan | Cooney Motors |
| Complainant | Respondent |
Anonymised Parties | A Sales Manager | A Motor dealership |
Representatives |
| Mary O'Brien Williams Tom Smyth & Associates |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00022101-001 | 24/09/2018 |
Date of Adjudication Hearing: 12/12/2018
Workplace Relations Commission Adjudication Officer: Shay Henry
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or section 7 of the Terms of Employment (Information) Act, 1994 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 alleges that the respondent did not give him his terms and conditions of employment and deducted a loan given to him by the respondent from his wages |
Summary of Complainant’s Case:
The complainant did not appear at the hearing and was not represented. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 7 of the Terms of Employment (Information) Act, 1994 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
A complaint was received by the Director General of the Workplace Relations commission by the complainant alleging that the respondent contravened the provisions of the Terms of Employment (Information) Act, 1994 in relation to him. The said complaint was referred to me for investigation. A hearing for that purpose was held on 12th December 2018. There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that the said 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 complaint is not well-founded and I decide accordingly. |
Dated: February 18th 2019
Workplace Relations Commission Adjudication Officer: Shay Henry
Key Words:
Failure to appear at hearing |