ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00023007

Parties:

	Complainant	Respondent
Anonymised Parties	Clerical/Admin	Carrier Company

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 23 of the Industrial Relations (Amendment) Act, 2015	CA-00029449-001	03/07/2019

Date of Adjudication Hearing: 17/09/2019

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 23 of the Industrial Relations (Amendment)Act , 2015 ] 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).

Summary of Complainant’s Case:

The claimant did not attend and was not represented at the hearing.

Summary of Respondent’s Case:

The respondent submitted that the claim “ at law , relates to an alleged non application of the Construction Sector SEO.

The claim form refers to not being in receipt of a contract , pay, overtime etc. The claimant was not employed in the Construction Sector”. It was submitted that the respondent company operates a parcel delivery company was not engaged in any activity covered by the Construction SEO or any other SEO.

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 23 of the Industrial Relations (Amendment )Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

I am satisfied that the claimant was duly notified of the date time and place at which the hearing to investigate the complaint would be held. The claimant did not attend and no application for a postponement was submitted in the weeks preceding the hearing. 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.

Dated: 8th May 2020

Workplace Relations Commission Adjudication Officer: Emer O'Shea

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