ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026541
Parties:
| Complainant | Respondent |
Parties | Alexander Goetz | Hogan Healthcare Limited |
Representatives | Did not appear. | S. O’Sullivan BL instructed by Ms. L Tyndall of Niall T Cawley & Co, Solicitors. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00033837-001 | 16/01/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033837-002 | 16/01/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00033837-003 | 16/01/2020 |
Date of Adjudication Hearing: 18/09/2020 & 11/11/2021
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 , Section 77 of the Employment Equality Act, 1998, Section 27 of the Organisation of Working Time Act, 1997 and Section 6 of the Payment of Wages Act, 1991 following 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th April 2021 the Parties were informed in advance that the second Hearing would be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The complaint was received by the Director General of the Workplace Relations Commission from Mr. Goetz on the 16/01/2020 alleging that his former employer, Hogan Healthcare Ltd, had contravened the provisions of Section 41 of the Workplace Relations Act, 2015, Section 77 of the Employment Equality Act, 1998, Section 27 of the Organisation of Working Time Act, 1997 and Section 6 of the Payment of Wages Act, 1991 in relation to him.
Non-Appearances by Complainant
As stated above the said complaint was referred to me for investigation. A first hearing for that purpose was held on the 18th of September 2020. There was no appearance by or on behalf of the Complainant at the hearing. However, shortly afterwards he contacted the WRC and pleaded that he had been unwell at the date of the Hearing. It was agreed to reschedule. Covid 19 restrictions intervened.
The Respondent Employer declined to agree to a virtual Hearing and requested a Face to Face hearing. The earliest possible date for a full, in person, resumed hearing was the 11th of November 2021.
I am satisfied that the said Complainant was informed in writing and by e-mail of the date, time and place at which the hearing to investigate the complaint would be held. A further follow up letter from the Adjudicator was sent on the 12th November 2021 giving a further grace period in which the Complaint could make contact with the WRC. No reply was received.
All addresses both ordinary mail and e-mail used were as last advised by the Complainant.
Adjudication Decision:
In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaints, CA-00033837-001, CA-00033837-002, CA-00033837-001, are deemed to be Not Well Founded and I decide accordingly.
Background:
The issues in contention concerned the ending of the employment of Mr. Goetz by Hogan Healthcare Limited. Mr. Goetz was employed as a Salesperson from 11/07/2019 to 09/01/2020.The weekly wage was €961.54 gross for a 40-hour week. |
Dated: 26th November 2021
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Employment Equality, Payment of Wages, OWT Act, Non-Attendance by Complainant. |