ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00012766
Parties:
| Complainant | Respondent |
Anonymised Parties | A Chef | A Restaurant |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00016776-001 | 12/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00016776-002 | 12/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 | CA-00016776-003 | 12/01/2018 |
Date of Adjudication Hearing: 07/03/2019
Workplace Relations Commission Adjudication Officer: Orla Jones
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 referred complaints against the above respondent on the 12th of January 2018. As required by the Act and, as part of my investigation, I proceeded to a hearing on the 7th of March 2019. On the day of the hearing, the complainant was not in attendance. The respondent attended the hearing as scheduled. This decision is issued by me following the establishment of the Workplace Relations Commission on 1 October 2015, as an Adjudication Officer who was an Equality Officer prior to 1 October 2015, in accordance with section 83 (3) of the Workplace Relations Act 2015. |
Summary of Complainant’s Case:
The complainant was not in attendance at the hearing. |
Summary of Respondent’s Case:
The complainant was in attendance at the hearing. |
Findings and Conclusions:
As part of my investigation I am obliged to hold a hearing. I am satisfied that both parties received notification of the hearing arrangements. I find that the complainant's failure to attend such a hearing was unreasonable in the circumstances. As no evidence was given at the hearing in support of the allegations made I find that that the complaints fail and are not upheld. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints.
As no evidence was given at the hearing in support of the allegations made I find that that the complaints fail and are not upheld. |
Dated: 19th March 2019
Workplace Relations Commission Adjudication Officer: Orla Jones
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