ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011805
Parties:
| Complainant | Respondent |
Anonymised Parties | A General Operative/Supervisor | A Food Processing Company |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00015637-002 | 07/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00015637-003 | 07/11/2017 |
Date of Adjudication Hearing: 18/12/2018
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 – 2015, following the referral of the complaints to me by the Director General, I inquired into the complaints 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 was employed by the respondent as a General Operative/Supervisor from 10th April 2007 until 26th May 2017. The complainant alleges that he was discriminated against on the gender and race grounds. The complainant also alleges that he was victimised by his former employer and was discriminated against in relation to his terms and conditions employment. The complaint also relates to an allegation by the complainant that he was dismissed for discriminatory reasons and for opposing discrimination. |
Summary of Complainant’s Case:
The complainant did not attend the adjudication hearing and was not represented. |
Summary of Respondent’s Case:
The respondent attended the adjudication hearing. The respondent stated that as neither the complainant nor his representative was in attendance to pursue the complaints, the complaints should be dismissed for want of prosecution. |
Findings and Conclusions:
The complaints were received by the Director General of the Workplace Relations commission on 7th November 2017 whereby the complainant alleged that his former employer contravened the provisions of the Minimum Notice and Terms of Employment Act, 1973 and the Employment Equality Act, 1998 in relation to him. The complaints were assigned the complaint application numbers CA-00015637-002 and CA-00015637-003 respectively. The said complaints were referred to me for investigation. A hearing for that purpose was arranged for 18th December 2018. There was no appearance by or on behalf of the complainant at the hearing. The complainant’s representative, by letter dated 15th November 2018, informed the Workplace Relations Commission that the complainant would not be in attendance at the adjudication hearing as he currently resides in Poland and would be unable to attend due to financial reasons. The complainant’s representative confirmed in its correspondence that it had no further instruction from the complainant in the matter. |
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 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 all of the circumstances of the matter, I must conclude that the within complaints (CA-00015637-002 and CA-00015637-003) are not well-founded and I decide accordingly. |
Dated: 16/01/19
Workplace Relations Commission Adjudication Officer: Andrew Heavey
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