ADJ-00021109

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00021109

Parties:

	Complainant	Respondent
Anonymised Parties	A shop assistant	A retail shop

Complaints:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00027636-001	09/04/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00027636-002	09/04/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00027636-003	09/04/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00027636-004	09/04/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00027636-005	09/04/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00027636-006	09/04/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00027636-007	09/04/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00027636-009	09/04/2019
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-00029657-001	12/07/2019

Date of Adjudication Hearing: 12/07/2019

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 or such other Act as might be referred to in the 2015 Act, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute.

I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing as well as any written submissions disclosed in advance of the hearing.

The Complainant herein has referred a number of matters under various pieces of Employment Protection legislation outlined above.

Background:

The Complainant issued a Workplace Relations Complaint Form against this named Respondent on the 9^th of April 2019.

Summary of Complainant’s Case:

The Complainant attended.

Summary of Respondent’s Case:

The Respondent did not attend.

Findings and Conclusions:

Having conducted a CRO search it was apparent that the Complainant had issued against a party that was not disclosed at the address provided and that the Registered Office of the proposed Respondent employer was elsewhere. In the circumstances I could not be sure that the Respondent/Employer was on notice of the of the within matters having been brought before the WRC.

It was agreed by me with the Complainant that she should and could re-issue her complaints and request that the files be linked and that we could potentially proceed on that basis.

The Complainant has not re-issued her complaints and I must now (three months later) move to make a final decision in each of the complaints

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.

The Complainant’s complaints herein

CA-00027636-001

CA-00027636-002

CA-00027636-003

CA-00027636-004

CA-00027636-005

CA-00027636-006

CA-00027636-007

CA-00027636-008

CA-00027636-009

CA-00029657-001

All fail in circumstances where they have been incorrectly brought against a non-entity. They are not well founded.

Dated: November 11^th 2019

ADJ-00021109

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00021109

Parties:

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Key Words: