ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013977
| Complainant | Respondent |
Anonymised Parties | Lorry Driver | Transport company |
Representatives | None | Mark Connellan Connellan Solicitors |
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-00018209-001 | 28/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under 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 | CA-00018209-002 | 28/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00018209-003 | 28/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00018209-004 | 28/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00018209-005 | 28/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission SI No. 494 of 2004 and Clauses 6 of the EC (Working Conditions of Mobile Workers engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations, 2009-SI No. 377 of 200 | CA-00018209-006 | 28/03/2018 |
Date of Adjudication Hearing: 31/01/2019
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 – 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:
No attendance from the Complainant. |
Summary of Complainant’s Case:
There was no attendance from the Complainant. |
Summary of Respondent’s Case:
The Respondent was in attendance and ready to proceed. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations commission by the Complainant on the 28th March 2018 alleging that his former employer contravened the provisions of the above Statutes. The said complaints were referred to me for investigation. A hearing for that purpose was held on the 31st January 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 complaints would be held.
In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaints are not well-founded and I decide accordingly |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
The within complaints are not well-founded and I decide accordingly. |
Dated: 12th March 2019
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
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