ADJUDICATION OFFICER DECISION & RECOMMENDATION

Adjudication Reference: ADJ-00025244

Parties:

	Complainant	Respondent
Anonymised Parties	A Worker	A Services and Support Company

Representatives

Did not appear.

Hugh Hegarty of Management Support Services (Ireland) Ltd

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00032073-001	07/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00032073-002	07/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00032073-003	07/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00032073-004	07/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005	CA-00032073-005	07/11/2019
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-00032073-006	07/11/2019

Date of Adjudication Hearing: 10/03/2020

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015; Section 6 of the Payment of Wages Act, 1991,Section 7 of the Terms of Employment (Information) Act, 1994; Section 13 of the Industrial Relations Act, 1969; Section 77 of the Employment Equality Act, 1998; Section 28 of the Safety, Health & Welfare at Work Act, 2005 and Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) 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 issues in contention concerned Equality, Information and Industrial Relations complaints against the Respondent by the Worker concerned.

1: Summary of Complainant’s Case:

The Complainant did not attend the oral hearing and no evidence was presented.

2: Summary of Respondent’s Case:

The Respondent attended the oral Hearing with a prepared defence supported by Respondent witnesses.

3: Findings and Conclusions:

The Complaint was received by the Director General of the Workplace Relations Commission on the 7th of November 2019 alleging that his/her employer / former employer contravened the provisions of Section 41 of the Workplace Relations Act, 2015; Section 6 of the Payment of Wages Act, 1991,Section 7 of the Terms of Employment (Information) Act, 1994; Section 13 of the Industrial Relations Act, 1969; Section 77 of the Employment Equality Act, 1998; Section 28 of the Safety, Health & Welfare at Work Act, 2005 and Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) in relation to her. The said complaint was referred to me for investigation.

A hearing for that purpose was held on 10th March 2019. 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.

4: Decision and Recommendation

Section 41 of the Workplace Relations Act 2015; Section 6 of the Payment of Wages Act, 1991,Section 7 of the Terms of Employment (Information) Act, 1994; Section 13 of the Industrial Relations Act, 1969; Section 77 of the Employment Equality Act, 1998; Section 28 of the Safety, Health & Welfare at Work Act, 2005 and Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) requires that I make a Decision and Recommendation in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

Act	Complaint/Dispute Reference No.	Summary Decision /Please refer to Section Three above for detailed reasoning.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00032073-001	Complaint is Not Well Founded and fails.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00032073-002	Complaint is Not Well Founded and fails.
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00032073-003	Complaint is Not Well Founded and fails.
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00032073-004	Complaint is Not Well Founded and fails.
Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005	CA-00032073-005	Complaint is Not Well Founded and fails.
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-00032073-006	Complaint is Not Well Founded and fails.

Dated: 08/09/2020

Workplace Relations Commission Adjudication Officer: Michael McEntee

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