ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017578
Parties:
| Complainant | Respondent |
Parties | Michael Kirwan | DSV Solutions Limited |
Representatives |
| Ann-Marie Burke, IBEC |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00021522-001 | 02/09/2018 |
Date of Adjudication Hearing: 16/01/2019
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure
In accordance with Section 25 of the Equal Status Act, 2000, this complaint was assigned to me by the Director General. A hearing was arranged for January 16th 2019, to give the parties an opportunity to be heard and to present evidence relevant to the complaint. The complainant did not attend, although he was properly on notice of the hearing. Ms Ann-Marie Burke attended for the respondent and she was accompanied by a member of the company’s management team.
Background:
The complainant submitted on his complaint form that Penneys is the respondent. At the outset, Ms Burke stated that that Mr Kirwan was a temporary agency worker on assignment from Grafton Recruitment to DSV Solutions Limited, a provider of logistics services to Primark / Penneys. Ms Burke said that she attended the hearing of this complaint on a “without prejudice basis,” as the former managing director of DSV Solutions Limited was named on the complaint form under the “Respondent Details” section. Ms Burke stated that the complainant was not employed by DSV Solutions Limited. From Ms Burke’s evidence, it is apparent that the respondent has been incorrectly named and I have amended the complaint form to state that the respondent is DSV Solutions Limited. |
Decision:
Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
In the circumstances where the complainant did not attend the hearing, and in the absence of any evidence to the contrary having been adduced before me, I must conclude that this complaint is not well-founded and I decide accordingly. |
Dated: January 24th 2019
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Non-attendance of the complainant |