ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027203
Parties:
| Complainant | Respondent |
Parties | David Mannion | Cafe Express |
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-00034819-001 | 24/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00034819-002 | 24/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00034819-003 | 24/02/2020 |
Date of Adjudication Hearing: 25/11/2021
Workplace Relations Commission Adjudication Officer: Thomas O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaints to me by the Director General, I gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints. This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designated the Workplace Relations Commission as a body empowered to hold remote hearings. Neither the Complainant nor the Respondent attended the hearing. I am satisfied that both parties were properly notified of the date and time of hearing.
Background:
The Complainant lodged a number of complaints under the Payment of Wages Act 1991, the Employment Equality Acts 1998-2015 and under Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Findings and Conclusions:
CA-00034819-001: Section 6 of the Payment of Wages Act 1991. I find the Complaint was not well founded due to a lack of evidence. CA-00034819-002: Section 77 of the Employment Equality Acts 1998-2015. I find the complainant was not discriminated against due to a lack of evidence. CA-00034819-003 - Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012: I find the Complaint was not well founded due to a lack of evidence. |
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.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
CA-00034819-001: Section 6 of the Payment of Wages Act 1991. I find the Complaint was not well founded due to a lack of evidence. CA-00034819-002: Section 77 of the Employment Equality Acts 1998-2015. I find the complainant was not discriminated against due to a lack of evidence. CA-00034819-003 - Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012: I find the Complaint was not well founded due to a lack of evidence. |
Dated: 30-11-21
Workplace Relations Commission Adjudication Officer: Thomas O'Driscoll
Key Words:
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