ADJUDICATION OFFICER DECISION & RECOMMENDATION
Adjudication Reference: ADJ-00024491
Parties:
| Complainant | Respondent |
Anonymised Parties | Team Leader | A charity. |
Complaint(s):
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-00031116-001 | 23/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00031116-002 | 23/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00031116-003 | 23/09/2019 |
Date of Adjudication Hearing: 31/01/2020
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 13 of the Industrial Relations Acts 1969 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s)and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed by the Respondent from 2012 until 10th May 2019. This complaint was received by the Workplace Relations Commission on 23rd September 2019. |
Summary of Complainant’s Case:
The Complainant did not attend the scheduled hearing of the Complaint. |
Summary of Respondent’s Case:
The Respondent’s legal representative and two directors attended and were fully prepared to present a full defence against each of the complaints. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission from the Complainant on 23rd September 2019 alleging that her former employer had contravened the provisions of the Terms of Employment (Information) Act, 1994 and the Unfair Dismissals Act, 1977. A third complaint was submitted under the Industrial Relations Act, 1969.The said complaints were referred to me for investigation. A hearing for that purpose was held on 31st January 2020. There was no appearance by or on behalf of the Complainant at the hearing. I am satisfied that the said Complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of 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 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
The within complaint is not well-founded.
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Dated: 18th March 2020
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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