ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023996
Parties:
| Complainant | Respondent |
Anonymised Parties | General Operative | Medical Company |
Representatives |
| A&L Goodbody Solicitors |
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-00030660-001 | 04/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00030660-003 | 04/09/2019 |
Date of Adjudication Hearing: 05/12/2019, 10/12/2019 and 02/03/2021
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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 complaints contained in this file was one of a series of similar complaints from 12 complainants in relation to the same respondent that were originally listed for hearing over a number of days in December 2019. At the first hearing, held on 5 December 2019, there was no appearance by any of the complainants. I was told by the representative for the respondent that he had been informed by the complainants’ legal representative listed on the complaint form that they were no longer acting in this case and had come off record. I noted that the notice of hearing for the complainant had been sent to that legal representative. Bearing in mind that other similar cases were due for hearing in a matter of days I adjourned the hearing. The next hearing was attended by four of the complainants without representation. The respondent submitted that they had no employee bearing the name listed on the complaint form in this file. There was no attendance by anyone of that name. Because of my concern that proper notice had not been served and other issues that arose I decided to adjourn all matters for re-listing in the New Year. Events associated with the Covid 19 pandemic resulted in further postponements and therefore the matter was finally listed for remote hearing on 2 March 2021 pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020. There was no attendance on the day by anyone of the name listed on the complaint form and the respondent again stated that they did not employ anyone with that name. |
Summary of Complainant’s Case:
No attendance. |
Summary of Respondent’s Case:
There is no employee with the name contained on the complaint form. |
Findings and Conclusions:
In the circumstances outlined above and in the absence of any evidence to the contrary I must conclude that the person named as complainant in this matter is not an employee of the respondent. |
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.
Complaint Nos. CA-00030660-001 and CA-00030660-003: For the reasons stated above I must conclude that these complaints are not well-founded and I decide accordingly. |
Dated: 09/07/2021
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Key Words:
Payment of Wages Act, 1991 Terms of Employment (Information) Act, 1994 |