ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014783
Parties:
| Complainant | Respondent | |
| Anonymised Parties | A Cleaner | A Cleaning Company |
| Representatives |
Complaints:
| Act | Complaint/Dispute Reference No. | Date of Receipt |
| CA-00018956-001 | ||
| CA-00018956-002 | ||
| CA-00018956-003 | ||
| CA-00018956-004 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015,andfollowing 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 was employed by the respondent as a cleaner since 7th October 2013. She is claiming that the respondent has been in breach of the Payment of Wages Act and the Industrial Relations Act in respect of the Registered Employment Agreements concerning pay. She further claims that she was discriminated contrary to the terms of the Employment Equality Acts. |
Summary of Complainant’s Case:
| There was a hearing arranged for the 9th May 2019 to hear the evidence in this case and the complainant failed to attend. |
Summary of Respondent’s Case:
| The respondent attended the hearing with a representative and was ready to present their case. |
CA-00018956-001, CA-00018956-002, CA-00018956-004
| The said complaints were referred to me for investigation. A hearing for that purpose was held on 9th May 2019. There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that the 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 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.
| 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. |
CA-00018956-003
Findings and Conclusions:
| The complaint under the Employment Equality Act was referred to me for investigation. A hearing for that purpose was held on the 9th May 2019. As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing. I am satisfied that the complainant was notified of the arrangements for the hearing. I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 79 has ceased. As no evidence was given at the hearing in support of the allegations of discrimination, I conclude the investigation and find against the complainant. |
Decision:
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
| As no evidence was given at the hearing in support of the allegations of discrimination, I conclude the investigation and find against the complainant. |
Dated: May 23rd 2019
Workplace Relations Commission Adjudication Officer: Marian Duffy
Key Words:
| Payment of Wages Act, Registered Employment Agreements, Employment Equality Acts, TUPE, No appearance by complainant. |