ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00029468
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A Farm Machinery Company |
Complaint:
Act | Complaint 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-00039378-001 | 26/08/2020 |
Date of Adjudication Hearing: 06/04/2021
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
Complaint that no contract or written terms and conditions of employment was issued to the Complainant by the Respondent |
Summary of Complainant’s Case:
No appearance on or on behalf of the Complainant. A week prior to the Adjudication the Complainant contacted the WRC by telephone, informing them that he wished to withdraw his complaint. The WRC advised him to confirm this by email. No such email was received. At the Adjudication hearing the Complainant did not attend. |
Summary of Respondent’s Case:
The Respondents attended the Adjudication. They confirmed that the Complainant informed them (in the week preceding the Adjudication) that as the matter had been resolved, that he wished to withdraw his complaint. The Complainant’s son informed the Respondent that the email to formally withdraw the complaint was sent to the WRC the week preceding the Adjudication. |
Findings and Conclusions:
As there was no appearance on or on behalf of the Complainant, in circumstances where I am satisfied that the Complainant received written notice of the Adjudication hearing and did not attend, and, in circumstances where the Complainant contacted the WRC by phone confirming that wanted to withdraw the complaint (although no written confirmation of this was received by the WRC) as the adjudication of this complaint was not proceeded with by the Complainant, I am satisfied that no case against the Respondent has been made by the Complainant. |
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.
For failure to prosecute this complaint this complaint is not well founded. |
Dated: 13/04/2021
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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