ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00023824
Parties:
| Worker | Employer |
Anonymised Parties | Delivery Driver | Bakery |
Representatives | Self | Peninsula |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00030071-001 | 06/08/2019 |
Date of Adjudication Hearing: 09/12/2019
Workplace Relations Commission Adjudication Officer: Marie Flynn
Procedure:
In accordance with Section 13 of the Industrial Relations Acts, 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The Complainant was employed as a delivery driver by the Respondent from 7th March 2019 until 23rd July 2019. He was paid €510 net for a 46 hour week. |
Summary of Worker’s Case:
The Worker submits that he has was suspended from work on 23th July 2018 following a groundless complaint against him. The Worker submits that he has not been advised of the terms of his suspension; he has not been updated on the progress of whatever investigation has been carried out and it was not made clear to him whether he was suspended with pay. The Worker submits that he has the right to know what investigations are underway, what the potential consequences of those investigations may be and, above all, how long he may be expected to wait for the investigation to conclude. |
Summary of Employer’s Case:
The Employer declined to participate in any of the matters pertaining to the Industrial Relations Act. |
Findings and Conclusions:
The Worker has submitted two other complaints to the WRC pursuant to the Industrial Relations Act, 1969 – ADJ-00024429 CA-00030793-013 and CA-00030793-014 which are based on the same set of facts. Accordingly, I find that this complaint is a duplicate of ADJ-00024429 CA-00030793-013 and CA-00030793-014 and, therefore, is not well founded. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I find that this complaint is not well founded. |
Dated: 24th April 2020
Workplace Relations Commission Adjudication Officer: Marie Flynn
Key Words:
Industrial Relations – duplicate complaint – not well founded |