ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00023896

Parties:

	Complainant	Respondent
Anonymised Parties	{Senior Barman}	{A Company}

Complaints:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)	CA-00030475-008	26/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00030583-001	26/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012	CA-00030583-002	26/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00030583-003	26/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00030583-004	26/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00030583-005	26/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00030583-006	26/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00030583-007	26/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00030681-001	16/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012	CA-00030681-002	16/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00030681-003	16/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00030681-004	16/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00030681-005	16/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00030681-006	16/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00030681-007	16/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)	CA-00030681-008	16/08/2019

Date of Adjudication Hearing: 22/10/2019

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and Section 79 of the Employment Equality Acts, 1998 - 2015,following the referral of the complaints 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 complaints.

Background:

The Complainant is a Senior Barman with the Respondent from 1st January 1996.

Summary of Complainant’s Case:

CA-00030475-001

The Complainant did not receive his annual leave.

CA-00030475-002

The Complainant did not receive hours of work leave entitlement.

CA-00030475-003

The Complainant did not receive a statement in writing of his terms of employment.

CA-00030475-004

The Complainant was unfairly dismissed.

CA-00030475-005

The Complainant was discriminated against on the grounds of his disability as he was not allowed return to work full-time.

CA-00030475-006

The Complainant did not receive any redundancy payment even though he was employed from 1996.

CA-00030475-007

The Complainant did not receive his minimum notice on termination of his employment.

CA-00030475-008

The Respondent did not ensure the Complainant’s terms and conditions transferred to the Transferee.

Summary of Respondent’s Case:

There was no appearance by or on behalf of the Respondent at the hearing.

Findings and Conclusions:

There was no appearance by or on behalf of the Complainant and Respondent at the hearing of the complaint.

I am satisfied that the parties were furnished with notification of the hearing. The Complainant did not appear at the hearing in order to proceed with his complaint, and as no reasonable grounds have been provided to explain non- appearance, I must conclude that the complaints are not well founded.

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.

Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 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.

There was no appearance by the parties at the hearing, and I must conclude the complaints are not well founded.

Dated: August 14th 2020

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll