ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00027613
Parties:
| Complainant | Respondent |
Anonymised Parties | A fitness instructor | A gym |
Representatives | Did not attend | Company Manager |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00035356-001 | 20/03/2020 |
Date of Adjudication Hearing: 26/02/2021
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 13 of the Industrial Relations Acts 1969 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 a former employee of the Employer who commenced employment on 8th December 2019 and remained employed by the Employer until 13th March 2020. |
Summary of Complainant’s Case:
The complainant did not attend the hearing of the complaint. I am satisfied that correspondence dated 25th January 2021 was sent to the complainant advising her of all arrangements for the hearing of the complaint. |
Summary of Respondent’s Case:
The employer attended the hearing as arranged and was prepared to present a defence in relation to the complaint. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission from the complainant on 20th March 2020 alleging that her former employer contravened the provisions of the Industrial Relations Acts in relation to her. The said complaint was referred to me for investigation. A hearing for that purpose was held on 25th February 2021. There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that correspondence dated 25th January 2021 was sent to the complainant advising her of all arrangements for the remote hearing of the complaint. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I recommend accordingly. |
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.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Recommendation. The within complaint is not well-founded and I recommend accordingly. |
Dated: 1st March 2021
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Industrial Relations Acts. |