ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00034794
Parties:
| Complainant | Respondent |
Parties | Michele Deegan | Nooles Limited |
Representatives | The complainant did not attend the hearing and was not represented | Cooke & Kinsella Solicitors |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00043562-001 | 09/04/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00043562-002 | 09/04/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00043562-003 | 09/04/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 | CA-00043562-004 | 09/04/2021 |
Date of Adjudication Hearing: 15/07/2022
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with section 41 of the Workplace Relations Act, 2015, section 8 of the Unfair Dismissals Acts, 1977 – 2015 and section 79 of the Employment Equality Acts, 1998 - 2015, these complaints were assigned to me for adjudication by the Director General. Although they were submitted to the WRC on April 9th 2021, with a further complaint form sent on June 22nd, 2021, restrictions at the WRC during the Covid-19 pandemic meant that a hearing was delayed until July 15th 2022.
The respondent was represented by Mr Fergus Kinsella of Cooke and Kinsella Solicitors. A company director, Mr Damien Osborne attended to give evidence, and he was accompanied by Mr Jacek Hejduk, who, I understand was the complainant’s line manager. The complainant, Ms Deegan, did not attend, although I am satisfied that she was properly on notice of the date and time of the hearing. Having waited for Ms Deegan until 9.30am, I concluded the hearing without making any enquiries into her complaints.
Decision:
Section 41 of the Workplace Relations Act 2015, section 8 of the Unfair Dismissals Acts, 1977 – 2015 and section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to these complaints in accordance with the relevant redress provisions under each of the statutes.
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: July 19th 2022
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
The complainant did not attend the hearing. |