ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028400
Parties:
| Complainant | Respondent |
Anonymised Parties | Employee | Marine Facility |
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-00036471-002 | 01/06/2020 |
Date of Adjudication Hearing: 26/01/2021
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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. Due to Covid 19 pandemic restrictions a remote hearing was arranged for 26 January 2021.
Background:
The complainant was employed by the respondent commencing on 23 March 2020. The employment terminated on 28 April 2020. The complaint was lodged with the WRC on 1 June 2020. |
Summary of Complainant’s Case:
The complainant claimed that the terms of his employment were not discussed nor had he received a statement of his terms of employment. |
Summary of Respondent’s Case:
|
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission by the complainant alleging that his employer contravened the provisions of the Terms of Employment (information) Act, 1994, in relation to him. The said complaint was referred to me for investigation. A remote hearing for that purpose was held on 26 January 2021. There was no appearance by the complaint at that hearing. I am satisfied that the complainant was informed in writing of the date, time and details regarding when the hearing to investigate the complaint would be held. The respondent was in attendance at the hearing. |
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.
In the above 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 decide accordingly. |
Dated: March 10th 2021
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Key Words:
Terms of Employment (Information) Act, 1994 Non-attendance of complainant |