ADJUDICATION OFFICER DECISION and RECOMMENDATION
Adjudication Reference: ADJ-00035611
Parties:
| Complainant | Respondent |
Parties | Nathan Kealy | Clear Strategy Ltd |
Representatives |
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Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00046719-001 | 16/10/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00046719-002 | 16/10/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00046719-003 | 16/10/2021 |
Date of Adjudication Hearing: 07/07/2022
Workplace Relations Commission Adjudication Officer: Orla Jones
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 79 of the Employment Equality Acts, 1998 - 2015, and Section 13 of the Industrial Relations Acts 1969following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
Although I am satisfied that the Complainant was on notice of the time and date of the hearing, he did not attend to give evidence in relation to his complaint. On the day of the hearing a grace period was allowed to enable the complainant to attend or make contact with the WRC. When no contact was made with the WRC, within a half an hour of the scheduled start time the hearing was opened and closed. No correspondence has been received from the complainant in the intervening period. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
The respondent was in attendance at the hearing. The Respondent did not present any evidence although one witness attended on their behalf and was prepared to give evidence. |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00046719-001 | 16/10/2021 |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission by the complainant alleging breaches of the above statute and was referred to me for investigation. There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that the complainant was in receipt of the hearing notification which set out the date, time, and place at which the hearing to investigate the complaint would be held. The complainant has offered no explanation for his absence. Accordingly, I find that the complainant was not discriminated against by the respondent. |
Decision:
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.
I find that the complainant was not discriminated against by the respondent. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00046719-002 | 16/10/2021 |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission by the complainant alleging breaches of the above statute and was referred to me for investigation. There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that the complainant was in receipt of the hearing notification which set out the date, time, and place at which the hearing to investigate the complaint would be held. The complainant has offered no explanation for his absence. 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 complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
For the reasons set out above I declare this claim to be not well founded. |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00046719-003 | 16/10/2021 |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission by the complainant alleging breaches of the above statute and was referred to me for investigation. There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that the complainant was in receipt of the hearing notification which set out the date, time, and place at which the hearing to investigate the complaint would be held. The complainant has offered no explanation for his absence. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I do not recommend in favour of the complainant. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
For the reasons set out above I do not recommend in favour of the complainant. |
Dated: 19/07/2022
Workplace Relations Commission Adjudication Officer: Orla Jones
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