ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026903
Parties:
| Complainant | Respondent |
Anonymised Parties | Driver | Meat Processor |
Representatives | DID NOT ATTEND | Owner |
Complaint:
Act | Complaint/Dispute 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-00034334-001 | 03/02/2020 |
Date of Adjudication Hearing: 25/01/2021 REMOTE HEARING
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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:
The Complainant is employed as a Driver since 1st March 2019. He was paid €440.00 per week. He has claimed that he did not get a written statement of his employment terms and conditions. The Complainant did not attend and did not make contact with the Workplace Relations Commission. |
Summary of Complainant’s Case:
The Complainant did not attend. His representative contacted the Commission on Friday 22nd January 2021 to advise that she has been unable to make contact with the Complainant for the past three months. She would not be representing him at this remote hearing. No claim was presented to this hearing. |
Summary of Respondent’s Case:
The Respondent stated that the Complainant has not been working or in contact with the Respondent company for three months. They have tried contacting him by e-mail and telephone but without success. |
Findings and Conclusions:
I find that the Complainant did not attend and was not represented. I find that he did not make contact with the Commission, his representative or his employer. I find that no complaint was presented at this hearing. I find that it is a requirement that the Complainant presents a claim to this hearing before the Respondent is asked to respond. I find that as no claim was presented, this claim fails for lack of prosecution. |
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 have decided that as no claim was presented that this claim fails for want of prosecution.
I have decided that this claim is not well founded and so it fails.
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Dated: 23rd February 2021
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Complainant did not attend and no claim prosecuted |