ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023065
Parties:
| Complainant | Respondent |
Anonymised Parties | Driver | Transport Co. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00029706-001 | 16/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00029706-002 | 16/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00029706-003 | 16/07/2019 |
Date of Adjudication Hearing: 08/11/2019
Workplace Relations Commission Adjudication Officer: Gerard McMahon
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015, and Section 13 of the Industrial Relations Acts 1969 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The complainant alleged that he was unfairly dismissed (in the form of a constructive dismissal) due to his employer’s behaviour, discriminated against (by being asked to drive an unsafe bus) on the grounds of race and not provided with a written statement of his terms and conditions of employment. |
Summary of Complainant’s Case:
The complainant did not attend the adjudication hearing and was not represented. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication hearing and was not represented. |
Findings and Conclusions:
The complaints were received by the Director General of the Workplace Relations Commission on 16th July 2019 whereby the complainant alleged that his former employer contravened the provisions of the Industrial Relations Acts, the Employment Equality Act, 1998 and the Terms of Employment (Information) Act, 1994. The complaints were assigned the complaint application numbers CA-00029706-001, CA-00029706-002 and CA-00029706-003. The said complaints were referred to me for investigation. A hearing for that purpose was arranged for 8th November 2019. There was no appearance by or on behalf of the complainant or the respondent at the hearing. Having consulted both the case file and with the Case Officer, it was evident that the letters of invitation to hearing had been issued and that there had been no communication from either the complainant or the respondent in respect of same. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(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.
Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
In the aforementioned circumstances, I conclude that the relevant complaints are not well founded. |
Dated: 16/01/20
Workplace Relations Commission Adjudication Officer: Gerard McMahon
Key Words:
No Show |