ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00023077
Parties:
| Complainant | Respondent |
Anonymised Parties | A solicitor | A legal practice |
Complaint(s):
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-00029629-001 | 11/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00029629-002 | 11/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00029629-003 | 11/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00029629-004 | 11/07/2019 |
Date of Adjudication Hearing: 26/09/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and/or Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaint(s) 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 complaint(s).
Background:
The Complainant was employed as a Solicitor with the Respondent, a legal practice, from 15/01/2018 to 15/01/2019. This complaint was received by the Workplace Relations Commission on 11th July 2019. |
Summary of Complainant’s Case:
The Complainant did not attend the scheduled hearing. |
Summary of Respondent’s Case:
The Respondent was in attendance and in a position to respond to any complaints. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission on 11th July 2019 alleging that her former employer contravened the provisions of the Organisation of Working Time Act, 1997, the Minimum Notice & Terms of Employment Act, 1973 and the Employment Equality Act, 1998 in relation to her. The said complaint was referred to me for investigation. A hearing for that purpose was held on 26th September 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 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 complaint is 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 complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
For the reason outlined above the complaint fails. |
Dated: 30-10-2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Failure to attend hearing by the Complainant. |