ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00034598
Parties:
| Complainant | Respondent |
Parties | Patrick Garcia | Benjamin Food Solutions Limited |
Representatives | Niamh Walsh Martin A Harvey & Co., Solicitors | Dan O'Connor JAMES LUCEY & SONS LLP |
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-00045614-001 | 10/08/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00045614-002 | 10/08/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00045614-003 | 10/08/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00045614-004 | 10/08/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00045614-005 | 10/08/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00045614-006 | 10/08/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00045617-001 | 10/08/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00045617-002 | 10/08/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00045617-003 | 10/08/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00045617-004 | 10/08/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00045617-005 | 10/08/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00045617-006 | 10/08/2021 |
Date of Adjudication Hearing: 12/07/2022
Workplace Relations Commission Adjudication Officer: Thomas O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, 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. The Complainant did not attend. The Complainant’s representative attended but informed me that she had no instructions from the Complainant. She stated that she had not heard from the Complainant in four weeks. The Respondent and its representative were in attendance.
Background:
The Complainant submitted a number of complaints to the Workplace Relations Commission, as outlined above. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing |
Summary of Respondent’s Case:
The Respondent and its representative attended the hearing. |
Findings and Conclusions:
After making reasonable enquiry, I am satisfied that the Complainant had full knowledge of the date and time of the hearing. I find that the complaints were not well founded due to a lack 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 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.
CA-00045614-001: I find that the complaint was not well founded owing to a lack of evidence. CA-00045614-002: I find that the complaint was not well founded owing to a lack of evidence. CA-00045614-003: I find that the complaint was not well founded owing to a lack of evidence. CA-00045614-004: I find that the complaint was not well founded owing to a lack of evidence. CA-00045614-005: I find that the complaint was not well founded owing to a lack of evidence. CA-00045614-006: I find that the complaint was not well founded owing to a lack of evidence. CA-00045617-001: I find that the complaint was not well founded owing to a lack of evidence. CA-00045617-002: I find that the complaint was not well founded owing to a lack of evidence. CA-00045617-003: I find that the complaint was not well founded owing to a lack of evidence. CA-00045617-004: I find that the complaint was not well founded owing to a lack of evidence. CA-00045617-005: I find that the complaint was not well founded owing to a lack of evidence. CA-00045617-006: I find that the complaint was not well founded owing to a lack of evidence. |
Dated: 14th July 2022.
Workplace Relations Commission Adjudication Officer: Thomas O'Driscoll
Key Words:
Non-Attendance of Complainant. |