ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00020884
Parties:
| Complainant | Respondent |
Anonymised Parties | An Assistant Manager | A Retailer |
Representatives | Not present | Martyn West HR Representative |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00027516-001 | ||
CA-00027516-002 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints / disputes to me by the Director General, I inquired into the complaints / disputes and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints / disputes.
Background:
The Complainant was employed as an Assistant Manager and claimed that she did not receive a written contract and that her employer was not keeping statutory employment records. |
Summary of Complainant’s Case:
The Complainant was notified of the date, time and location of the Hearing but was not present to present her case. |
Summary of Respondent’s Case:
The Respondent denied the claims. The second claim cannot be maintained by the Complainant as she was a worker with a fixed base as an Assistant Manager in Galway commencing employment on 5th November 2018. On 17th April 2019 she gave notice to terminate her employment but ceased to work after 25th April. Her contractual notice was one month as set out in the contractual documentation issued to her. Her terms were defined in a letter sent to her. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints / disputes in accordance with the relevant redress provisions under Schedule 6 of that Act.
A Complaint was received by the Director General of the Workplace Relations Commission on April 4th 2019 alleging that her former employer contravened the provisions of Section 7 of the Terms of Employment (Information) Act 1974 and Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 S.I. No 36/2012 in relation to her. The said complaint was referred to me for investigation. A Hearing for that purpose was held on July 9th 2019. 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, with the Respondent present and denying the claims and in the absence of any evidence to the contrary having been adduced before me by the Complainant, I must conclude that the within complaints are not well founded and I decide accordingly. |
Dated: July 29th 2019
Workplace Relations Commission Adjudication Officer: