ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00032080
Parties:
| Complainant | Respondent |
Parties | David Scully | JSKart Services Limited |
Representatives | Not present | Not present |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042777-001 | 10/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042777-002 | 10/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00042777-003 | 10/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042777-004 | 10/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042777-005 | 10/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00042777-006 | 10/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042777-007 | 10/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042777-008 | 10/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042777-009 | 10/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00042777-010 | 10/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00042777-011 | 10/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00042777-012 | 10/02/2021 |
Date of Adjudication Hearing: 27/05/2022
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 39 of the Redundancy Payments Acts 1967 - 2014 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.
Background:
The Complainant submitted the above 12 complaints against the Respondent on February 10th 2021. A Hearing of the above complaints was held on May 25th 2022. Neither party attended the Hearing. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints n accordance with the relevant redress provisions under Schedule 6 of that Act. Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under 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. A number of Complaints were received by the Director General of the Workplace Relations Commission on February 10th 2021 from the Complainant alleging that his former employer JS Kart Services Ltd, contravened the provisions of the Organisation of Working Time Act 1977, the Unfair Dismissals Acts 1977-2015, the Redundancy Payments Acts 1967-2012, the Payment of Wages Act 1991, the Terms of Employment (Information) Act 1994 and the Minimum Notice & Terms of Employment Act, 1973 in relation to him. The said complaints were referred to me for investigation. A Hearing for that purpose was held on May 25th 2022. There was no appearance by or on behalf of the Complainant (or the Respondent) at the Hearing. I am satisfied that the said Complainant was informed in writing of the date, time and place at which the Hearing to investigate the complaints 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 complaints are not well founded and I decide accordingly. |
Dated: 3rd June 2022
Workplace Relations Commission Adjudication Officer: Peter O'Brien
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