ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00018144
Parties:
| Complainant | Respondent |
Anonymised Parties | A Senior Care and Support Worker | A Care Service Provider |
Representatives | The Complainant did not attend the Hearing and was not represented | Ms. Ruth Colgan BL on the instructions of J.O.S Solicitors |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
CA-00023355-001 |
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 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 was employed by the Respondent as a Senior Care and Support Worker from 1 July, 2018 until 25 August, 2018. The Complainant claimed that the Respondent contravened the provisions of Section 3 of the Terms of Employment (Information) Act 1994 in relation to her employment. The Respondent disputes the claim. |
Summary of Complainant’s Case:
The Complainant failed to attend the Hearing to adduce evidence in support of his complaint. |
Summary of Respondent’s Case:
The Respondent was in attendance at the Hearing. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission by the Complainant on 20 November, 2018 alleging that her former employer contravened the provisions of the Terms of Employment (Information) Act 1994 in relation to her employment. The said complaint was referred to me for investigation. A hearing for that purpose was held on 4 June, 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. |
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.
Having regard to the above circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint under the Terms of Employment (Information) Act 1994 is not well-founded and I decide accordingly. |
Dated: June 28th 2019
Workplace Relations Commission Adjudication Officer:
Key Words:
Terms of Employment (Information) Act 1994 – Section 3 – Written Statement of Terms and Conditions – Complainant Failed to Attend Hearing – Complaint not well-founded |