ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00032435

Parties:

	Complainant	Respondent
Anonymised Parties	Security Officer	Security Provider

Representatives

Ana Tudor

Joe Bolger and Anna Raso Rose ESA Consultants

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00042873-001	04/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00042873-002	04/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00042873-003	04/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00042873-004	04/03/2021
Complaint seeking adjudication by the Workplace Relations Commission SI No. 494 of 2004 and Clauses 6 of the EC (Working Conditions of Mobile Workers engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations, 2009-SI No. 377 of 200	CA-00042873-005	04/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00042873-006	04/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00042873-007	04/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00042873-008	04/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00042873-009	04/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00042873-010	04/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00042873-011	04/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00042873-012	04/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00042873-013	04/03/2021

Date of Adjudication Hearing: 08/06/2021

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 or such other Act as might be referred to in the 2015 Act, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I am obliged to make all relevant inquiries into the complaints described. I can additionally and where appropriate hear the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing as well as any written submissions disclosed in advance of the hearing.

In particular this matter comes before an Adjudicator of the Workplace Relations Commission on foot of certain complaints which are contained in a Workplace Relations Complaint Form dated the 4th of March 2021, wherein contravention of certain relevant provisions of the Organisation of Working Time Act of 1997, the Terms of Employment (Information) Act, 1994 and various other Acts enunciated above have been alleged (thirteen complaint in total).

Background:

The Complainant has described himself as a Security Officer working with the Respondent company. The Complainant has raised a number of complaints together with Industrial Relations disputes against the Company.

Summary of Complainant’s Case:

The Complainant did not attend. I am satisfied that the Complainant was invited to attend the hearing of his complaints by way of invitation to a remote hearing on an approved platform.

Summary of Respondent’s Case:

The Respondent was in attendance and was represented at the hearing.

Findings and Conclusions:

I am satisfied that the Complainant was advise of the hearing date and of the time he should log into the hearing. There is no suggestion that the Complainant did not have the technology needed to come into the meeting. The meeting commenced and the Complainant did not attend. After waiting for some time, I closed the meeting. In the circumstances the complainant’s complaints (and each of them) are not well founded.

I understand that the complainant may have contacted the WRC after the hearing seeking a postponement, but this was too late.

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.