ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00017062

Parties:

	Complainant	Respondent
Anonymised Parties	Warehouse operative	A Logistics company

Representatives

Did not attend

Company management.

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts	CA-00022120-001	24/09/2018
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00022123-001	24/09/2018
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00022126-001	24/09/2018
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00022128-001	24/09/2018
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00022131-001	24/09/2018

Date of Adjudication Hearing: 15/04/2019

Workplace Relations Commission Adjudication Officer: Jim Dolan

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 13 of the Industrial Relations Acts 1969 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).

Background:

The Complainant was employed by the Respondent from 05/03/2018 until 09/04/2018.

No details of earnings were provided in the complaint application.

This complaint was received by the Workplace Relations Commission on 24/09/2018.

Summary of Complainant’s Case:

The Complainant did not attend the hearing scheduled for 15^th April 2019 at 12.30 pm in the Longford Arms Hotel, Longford.

The WRC received no notification from the Complainant in relation to his non-attendance.

Correspondence in relation to the date, time and venue for the hearing were sent to the Complainant’s legal representative on 26^th March 2018.

On the day of the hearing I waited until 1.00pm in case the Complainant was running late and checked with the WRC to establish had the Complainant been in touch in relation to his non-attendance, he had not.

Summary of Respondent’s Case:

The Respondent attended the hearing as scheduled and were fully prepared to present a defence against the complaints.

Findings and Conclusions:

The Complainant did not attend the scheduled hearing. No case was presented.

I have no alternative but to find that the complaints are not well found and therefore fail.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

The complaints are not well found.

Dated: 8^th May 2019

Workplace Relations Commission Adjudication Officer: Jim Dolan

Key Words: