ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00028809

Parties:

	Complainant	Respondent
Anonymised Parties	A Craftsperson/Acting Craft Foreman	A City Council

Representatives

Not present

Amanda Kane LGMA

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-00035206-001	12/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00035206-003	12/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00035206-004	12/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00035206-006	12/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00035206-007	12/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012	CA-00035206-008	12/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00035206-009	12/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under Section 23 of the Industrial Relations (Amendment) Act, 2015	CA-00035206-010	12/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00035206-011	12/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00035206-015	12/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 86 of the Employment Equality Act, 1998	CA-00035206-016	12/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000	CA-00035206-017	12/03/2020

Date of Adjudication Hearing: 29/11/2021

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and Section 79 of the Employment Equality Acts, 1998 – 2015 and Section 25 of the Equal Status Act, 2000 and Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012-S.I. No 36/2012 and Section 45A of the Industrial Relations Act 1946, following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).

Background:

The Complainant lodged a number of complaints (in brackets) with the WRC as follows;

Payment of Wages Act 1991 (1)

Organisation of Working Time Act 1997 (2)

Terms of Employment (Information) Act 1994 (2)

Regulation 18 of the European Communities (Road Transport) (organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012-S.I. No 36/2012 (1)

Section 45A of the Industrial Relations Act 1946 (1)

Section 23 of the Industrial Relations (Amendment) Act 2015 (1)

Section 8 of the Unfair Dismissals Act 1977 (1)

Employment Equality Act 1988 (2)

Equal Status Act 2000 (1)

Summary of Complainant’s Case:

Complaints were received by the Director General of the Workplace Relations Commission from the Complainant on March 12th 2020 alleging that his former employer contravened the provisions of the Payment of Wages Act 1991, the Organisation of Working Time Act 1997, the Unfair Dismissals Act 1997, the Equal Status Act 1994, the Employment Equality Act 1998, the Terms of Employment (information) Act 1994 and Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 in relation to him. He also lodged complaints under Section 45A of the Industrial Relations Act 1946 and Section 23 of the Industrial Relations (Amendment) Act (2015). The said complaints were referred to me for investigation. A Hearing for that purpose was held on November 29th 2021. 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 complaints would be held and were not present at the Hearing.

Summary of Respondent’s Case:

The Respondent denied all claims.

Findings and Conclusions:

In the absence of any evidence to the contrary being adduced before me at the Hearing into the above complaints I find in favour of the Respondent.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act. I find that the complaint under the Payment of Wages Act 1991 (CA-00035206-001) is not well founded. I find that the complaints under the Organisation of Working Time Act 1997 (CA-00035206-003) and (CA-00035206-004) are not well founded. I find that complaints under the Terms of Employment (Information) Act 1994 (CA-00035206-006 ) and (CA-00035206-007) are not well founded. I find that the complaint raised under Section 45A of the Industrial Relations Act 1946.( CA-00035206-009) is not well founded. I find that the Complaint under Section 23 of the Industrial Relations (Amendment) Act 2015 ( CA-00035206-010) is not well founded.

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act. I find that the Complainant was not unfairly dismissed.( CA-00035206-011)

Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act. I find that the Complainant was not discriminated against. (CA-00035206-015 and CA-00035206-016.)

Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act. I find that the Respondent did not engage in prohibited conduct CA-00035206-017). With regard to Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 I find that the Complaint is not well founded. (CA-00035206-008). .

Dated: 6th December 2021

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Key Words:

Unfair Dismissal