ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00031119

Parties:

	Complainant	Respondent
Parties	Liam McDonnell	Sbfm Limited

Complaint:

Act	Complaint 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-00041515-001	11/12/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00041515-003	11/12/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00041515-005	11/12/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00041515-006	11/12/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00041515-007	11/12/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00041515-009	11/12/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00041515-011	11/12/2020

Date of Adjudication Hearing: 03/08/2021

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 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.

Background:

The complainant had been employed by the respondent between June and August 2020.

In December 2020 he referred the complaints set out above for adjudication.

Summary of Complainant’s Case:

The complainant did not attend the hearing. No explanation was received for his failure to do so.

Summary of Respondent’s Case:

The respondent was represented at the hearing.

Findings and Conclusions:

A complaint was received by the Director General of the Workplace Relations Commission by the complainant alleging breaches of the above statutes.

The said complaint was referred to me for investigation.

There was no appearance by or on behalf of the complainant at the hearing.

The WRC complaint form now contains a section where the following appears;

By providing an email address you are consenting to the Workplace Relations Commission communicating with you by electronic means (eMail) including the serving or giving notice(s)/documents(s)

I am satisfied that the said complainant was sent notice by email to the email address provided on the complaint form of the date, time and place at which the hearing to investigate the complaint would be held.

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 decide accordingly.

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.

For the reasons set out above complaints CA-00041515-001, 003, 005, 006, 007, 009 and 011 are not well founded.

Dated: 9th November 2021

Workplace Relations Commission Adjudication Officer: Pat Brady

Key Words:

No show by complainant.