ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00031713
Parties:
| Complainant | Respondent |
Parties | Catherine Tuohy | The Board of Management of Scoil Mhuire Community School |
| Complainant | Respondent |
Anonymised Parties | Catherine Tuohy | The Board of Management of Scoil Mhuire Community School |
Representatives | N/A | Liam Riordan Mason Hayes & Curran |
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-00040939-001 | 11/11/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00040939-002 | 11/11/2020 |
Date of Adjudication Hearing: 30/07/2021
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant was employed as a teacher by the Respondent from 14 September 2020 to 18 September 2020. She alleged in her complaint form that the Respondent paid her less than the amount to which she was entitled in breach of the Payment of Wages Act 1991 and that she was not notified of the start and finishing times of her classes in advance in breach of the Organisation of Working Time Act 1997. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing to give evidence. |
Summary of Respondent’s Case:
The Respondent was present at the hearing. |
Findings and Conclusions:
Having reviewed the email address provided by the Complainant and noting that she had previously corresponded with the WRC via this email address, I am satisfied that she received the relevant Webex link to enable her to attend the hearing. I also note that telephone contact was made with her just after the hearing was due to begin at the number she provided but that she did not answer her phone. Given her failure to attend the hearing and in the absence of any compelling reason for not doing so, I find that her complaints are not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00040939-001 I find that the complaint is not well founded for the reasons set out above CA-00040939-002 I find that the complaint is not well founded for the reasons set out above |
Dated: 11th August 2021
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
Failure to attend |