ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00025491
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Hotel |
Representatives |
| Alan Ledwith BL instructed by Eric Gleeson & Co Solicitors |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00031160-002 | 26/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00031160-003 | 26/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00031160-004 | 26/09/2019 |
Date of Adjudication Hearing: 13/02/2020
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 13 of the Industrial Relations Acts 1969 andfollowing the referral of the complaint/disputes to me by the Director General, I inquired into the complaint/disputes and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/disputes.
Background:
The Complainant submitted his claims, as specified above, to the WRC on 26 September 2019. A Hearing was scheduled to take place on 13 February 2020. On the day of the Hearing the Respondent attended with representation, however, the Complainant did not attend. |
Findings and Conclusions:
The Complainant failed to attend on the day of the Hearing, despite having been properly advised as to the details of same, including date, time and venue. In addition, there is no evidence to suggest that the Complainant made any contact with the WRC, in advance of or on the day of the Hearing, to advise of any difficulties which might have impacted on his attendance. |
Decision/Recommendation:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint/disputes in accordance with the relevant redress provisions under Schedule 6 of that Act
and
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Complaints were received by the Director General of the Workplace Relations Commission from the Complainant on 26 September 2019, alleging that his employer, the Respondent, contravened (a) the provisions of the Terms of Employment (Information) Act, 1997, and (b) the Industrial Relations Act, 1969, in relation to him. The said complaints were referred to me for investigation. A hearing for that purpose was held on 5 February 2020. There was no appearance by or on behalf of the Complainant at the hearing. I am satisfied that the Complainant was informed in writing of the date, time and place at which the hearing to investigate his complaint would be held. In the circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the winding complaint is not well-founded and I decide accordingly. |
Dated: 8th April 2020
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Key Words:
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