ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030762
Parties:
| Complainant | Respondent |
Parties | Gerard Beggs | Allpro |
Representatives | Unite Trade Union | HR World |
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-00040887-001 | 09/11/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00040887-002 | 09/11/2020 |
Date of Adjudication Hearing: 27/09/2021
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
These complaints were submitted to the WRC on November 9th 2020 and, in accordance with section 41 of the Workplace Relations Act 2015 and section 8 of the Unfair Dismissals Acts 1977 - 2015, they were assigned to me by the Director General. Due to the closure of the WRC as a result of the Covid-19 pandemic, a hearing was delayed until September 27th 2021. I conducted a remote hearing on that date, in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings. The purpose of the hearing was for me to enquire into the complaints and to give the parties an opportunity to be heard and to present evidence relevant to the complaints.
The complainant did not attend the hearing, although his union representative, Mr Brendan Browne of Unite, was present. Mr Browne phoned the complainant shortly after the scheduled start time of the hearing, but the complainant did not answer. The respondent was represented by Ms Elizabeth Cazabon, Partner, HR World and she was accompanied by the respondent’s Human Resources Manager, Ms Rachel McHugh.
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 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
In the circumstances where the complainant did not attend the hearing, and in the absence of any evidence to the contrary having been submitted, I must conclude that these complaints are not well-founded and I decide accordingly. |
Dated: 06/10/2021
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Complainant did not attend the hearing. |