ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00013798
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A Coffee Shop |
Dispute:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00018150-001 | 26/03/2018 |
Date of Adjudication Hearing: 15/01/2019
Workplace Relations Commission Adjudication Officer: Stephen Bonnlander
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 dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The complainant referred her dispute on 26 March 2018. On 30 November 2018, the Director General delegated the dispute to me for investigation and the making of a recommendation pursuant to S. 13 of the Industrial Relations Act, 1969. A hearing was set in Longford for 15 January 2019. However, neither party was in attendance. Nor did the Commission receive any communication from either party to explain their absence. |
Findings and Conclusions:
Section 13 of the Industrial Relations Act, 1969, requires that I investigate any dispute before me and make a recommendation in relation to it. However, the joint absence of the parties at the hearing set for this purpose, means that I am not in a position to investigate the matter. |
Recommendation:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the dispute 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.
Given that I was unable to investigate the dispute for the reasons outlined above, I am equally unable to make a recommendation in respect of it. |
Dated: 16/01/19
Workplace Relations Commission Adjudication Officer: Stephen Bonnlander
Key Words:
Industrial Relations Act, 1969 – neither party in attendance – not possible to investigate dispute or make recommendation in the circumstances. |