ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00020746
Parties:
| Complainant | Respondent |
Anonymised Parties | A Waitress | A Hotel |
Complaints/Dispute:
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-00027332-006 | 27/03/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00027332-007 | 27/03/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 | CA-00027332-008 | 27/03/2019 |
Date of Adjudication Hearing: 03/12/2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 13 of the Industrial Relations Acts 1969following the referral of the complaints and dispute to me by the Director General, I was available to inquire into the complaints and dispute and give the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints and dispute.
Background:
The complainant was employed by the respondent as a Waitress from 2nd August 2018 until 16th February 2019. The complaints were submitted to the Workplace Relations Commission (WRC) on 27th March 2019 and relate to alleged breaches of the Terms of Employment (Information) Act, 1994 and the Protection of Employees (Part-Time Work) Act, 2001. A referral was also submitted to the WRC on the 27th March 2019 in accordance with Section 13 of the Industrial Relations Act, 1969. |
Summary of Complainant’s Case:
The complainant did not attend the adjudication hearing and was not represented. The complainant advised the WRC by email dated 24th October 2019 that she was living in New Zealand and was unable to attend the adjudication hearing. The complainant sought to have the hearing conducted via video link which was not possible. The complainant was advised to seek a postponement if she was unable to attend the hearing. It appears that there was no further contact from the complainant. |
Summary of Respondent’s Case:
The respondent attended the adjudication hearing and was prepared to put forward its position in relation to the complaints and the Industrial Relations dispute. |
Findings and Conclusions:
The complaints were received by the Director General of the Workplace Relations Commission on 27th March 2019 whereby the complainant alleged that the respondent contravened the provisions of the Terms of Employment (Information) Act, 1994 and the Protection of Employees (Part-Time Work) Act, 2001 in relation to her. The complaints were assigned the complaint application numbers CA-00027332-006 and CA-00027332-008 respectively. The complainant also submitted a referral in accordance with Section 13 of the Industrial Relations Act, 1969. (CA-00027332-007 refers) The said complaints and dispute were referred to me for investigation. A hearing for that purpose was arranged for 3rd December 2019. There was no appearance by or on behalf of the complainant at the adjudication hearing. The complainant was unable to attend as she lives in New Zealand and was advised to seek a postponement in those circumstances. There was no postponement request received from the complainant. |
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 all of the circumstances of the matter, I must conclude that the within complaints (CA-00027332-006 and CA-00027332-008) are not well-founded and I decide accordingly. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
In all of the circumstances of the matter, I do not recommend in favour of the worker. |
Dated: 7TH May 2020
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Complainant not in attendance |