ADJUDICATION OFFICER DECISION AND RECOMMENDATION
Adjudication Reference: ADJ-00027656
Parties:
| Complainant | Respondent |
Parties | Padraic Hanley | PBR Restaurants Limited |
Representatives | Keans Solicitors | Peninsula Group Limited |
Complaints:
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-00035420-001 | 24/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035420-002 | 24/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00035420-003 | 24/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00035420-004 | 24/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00035938-001 | 30/04/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035938-002 | 30/04/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00035938-003 | 30/04/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00035938-004 | 30/04/2020 |
Date of Adjudication Hearing: 09/04/2021
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
These complaints were submitted to the WRC on October 21st 2020 and, in accordance with section 41 of the Workplace Relations Act 2015, section 8 of the Unfair Dismissals Acts, 1977 – 2015 and section 13 of the Industrial Relations Acts 1969, they were assigned to me by the Director General. I conducted a remote hearing on April 9th 2021, in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings. At the hearing, I gave the parties an opportunity to be heard and to present evidence relevant to the complaints.
The complainant was represented by Mr Gerald Kean, of Keans Solicitors and the respondent was represented by Mr Rory Treanor of Peninsula Group Limited. Two of the company’s directors attended the hearing and gave evidence.
At the opening of the hearing, I alerted the parties to the judgement of the Supreme Court in the case of Zalewski v Adjudication Officer and WRC [2021] IESC 24 which was delivered on 6th April, 2021. I informed them that, from that date, hearings at the WRC may be held in public and that it is likely that the parties will be named in the published decisions. I also informed them that evidence may be heard under oath and that existing legislation will be amended to provide for prosecution for the giving of false evidence. The parties to this hearing confirmed that they were willing to proceed in these circumstances.
Background:
The complainant submitted two sets of complaints to the WRC; the first under this heading, ADJ-00027656, and the second under ADJ-00030290. At the opening of the hearing, on behalf of the complainant, Mr Kean agreed that the complaints listed above, under ADJ-00027656 contain duplicates of each other, and that they are also duplications of the complaints listed under ADJ-00030290. He confirmed that his client wished to proceed with the complaints under ADJ-00030290 and that the complaints listed above under ADJ-00027656 are withdrawn. |
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 and 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. Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
These complaints and this dispute were withdrawn at the opening of the hearing by Mr Gerald Kean, legal representative for the complainant. In the absence of written confirmation to this effect, I decide that the complaints listed above are not well founded and I make no recommendation with regard to the dispute. |
Dated: 22/06/2021
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Complaints were withdrawn at the hearing |