ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017042
| Complainant | Respondent |
Anonymised Parties | General Operative | Computer Support Company |
Representatives |
| Daniela Kocis Fitzgerald |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005 | CA-00021999-001 | 21/09/2018 |
Date of Adjudication Hearing: 15/01/2019
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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 commenced employment with the respondent on 20 September 2018 on a trial basis. The complainant left the employment on the same day. The complainant claims that he was penalised for making a complaint under the Safety, Health and Welfare at Work Act, 2005. |
Summary of Complainant’s Case:
No Appearance |
Summary of Respondent’s Case:
The complainant began his assessment day and was issued with PPE. Issues arose regarding the complainant’s safety shoes and breaks. The complainant spoke to the operations manager about his shoes and left the premises at lunch-time. The respondent paid the complainant for the work he completed on his assessment. |
Findings and Conclusions:
There was no attendance at the hearing by the complainant. A complaint was received by the Director General of the Workplace Relations Commission on 21 September 2018 alleging that the complainant’s employer had contravened the provisions of the Safety, Health and Welfare at Work Act, 2005, in relation to him. A hearing for that purpose was held on 15 January 2019. There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that the said complainant was notified 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 complaint is 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 complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
For the reasons stated above I find this complaint to be not well founded. |
Dated: 20th February 2019
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Key Words:
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