ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033214
Parties:
| Complainant | Respondent |
Parties | Adrian Malone | Advanced Medical Parts Limited |
Representatives | No show | Joe Bolger ESA Consultants |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00042541-001 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00042541-002 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00042541-003 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00042541-004 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00042541-005 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042541-006 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 8 of the European Communities (Working Conditions of Mobile Workers engaged inInteroperable Cross-Border Services in the Railway Sector) Regulations, 2009-SI No. 377 of | CA-00042541-007 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042541-008 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042541-009 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042541-010 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012 | CA-00042541-011 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042541-012 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042541-013 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042541-014 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042541-015 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042541-016 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 18A of the Organisation of Working Time Act, 1997 | CA-00042541-017 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00042541-018 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00042541-019 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00042541-020 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00042541-021 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00042541-022 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00042541-027 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004 | CA-00042541-028 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 86 of the Employment Equality Act, 1998 | CA-00042541-029 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00042541-030 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 24 of the National Minimum Wage Act, 2000 | CA-00042541-031 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 | CA-00042541-032 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00042541-033 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00042541-034 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042541-035 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042541-036 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 62(2) of the Charities Act 2009 | CA-00042541-037 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Schedule 6 of the Consumer Protection Act, 2007 | CA-00042541-038 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 6(1) of the Prevention of Corruption (Amendment) Act 2010 | CA-00042541-039 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00042541-040 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00042541-041 | 08/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 | CA-00042541-042 | 08/02/2021 |
Date of Adjudication Hearing: 18/05/2022
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, an Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and 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 complaints are brought against AMP Ltd who state that the dismissal alleged to have occurred in fact was a resignation. It is also stated that the claims are statute barred as they have been lodged outside of the required statutory time frame. It is also stated that many are of the complaints are misconceived and have been possibly ticked in error absent of legal knowledge concerning the legal basis for bringing such a complaint. |
Summary of Complainant’s Case:
A hearing was arranged for the 18th of May 2022 to hear evidence in this case and the complainant failed to attend. |
Summary of Respondent’s Case:
The respondent attended the hearing and was ready to present their case. |
Findings and Conclusions:
The complaints were referred to me for investigation. A hearing for that purpose was held on the 18th of May 2022. There was no appearance by the complainant at the hearing. I am satisfied that the complainant was informed in writing of the date, time and place of the hearing. In these circumstances and in the absence of any evidence to the contrary I conclude that the complaints are not well founded; the complainant was not discriminated against; the respondent did not engage in prohibited conduct and the complainant was not unfairly dismissed. |
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.
Part VII of the Pensions Acts, 1990 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Part.
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.
Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
The complaints were referred to me for investigation. A hearing for that purpose was held on the 18th of May 2022. There was no appearance by the complainant at the hearing. I am satisfied that the complainant was informed in writing of the date, time and place of the hearing. In these circumstances and in the absence of any evidence to the contrary I conclude that the complaints are not well founded; the complainant was not discriminated against; the respondent did not engage in prohibited conduct and the complainant was not unfairly dismissed. CA-00042541-001 complaint under section 24 of the National Minimum Wage Act, 2000, I determine that the complaint is not well founded as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-002 a complaint made under section 77 of the Employment Equality Act, 1998, I determine that the complainant was not discriminated against as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-003 a complaint made under section 8 of the Unfair Dismissals Act, 1977. I determine that the complainant was not unfairly dismissed. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-004 a complaint made under section 6 of the Payment of Wages Act, 1991. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-005 a complaint made under section 6 of the Payment of Wages Act, 1991 that appears to be a duplicate of the previous complaint. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-006 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-007 a complaint made under Regulation 8 of the European Communities (Working Conditions of Mobile Workers engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations, 2009- SI No. 377. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-008 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-009 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-010 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-011 a complaint made under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006-S.I. No. 507 of 2012. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-012 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-013 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-014 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-015 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-016 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-017 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-018 a complaint made under section 7 of the Terms of Employment (Information) Act, 1994. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-019 a complaint made under regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012-S.I. No. 36/2012. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-020 a complaint made under regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012-S.I. No. 36/2012. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-021 a complaint made under section 8 of the Unfair Dismissals Act, 1977. I determine that the complainant was not unfairly dismissed. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-022 a complaint made under section 8 of the Unfair Dismissals Act, 1977. I determine that the complainant was not unfairly dismissed. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-027 a complaint made under section 77 of the Employment Equality Act, 1998, I determine that the complainant was not discriminated against as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-028 a complaint made under section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provision) Act 2004. I determine that the complaint is not well founded as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-029 a complaint made under section 77 of the Employment Equality Act, 1998, I determine that the complainant was not discriminated against as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-030 a complaint made under section 21 of the Equal Status Act 2000, I determine that the respondent did not engage in prohibited conduct against the complainant as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded and the respondent did not engage in prohibited conduct. CA-00042541-031 a complaint made under section 24 of the National Minimum Wage Act 2000, I determine that the complaint is not well founded as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-032 a complaint made under section 16 of the Protection of Employees (Part-Time Work) Act 2001, I determine that the complaint is not well founded as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-033 a complaint made under section 77 of the Employment Equality Act, 1998, I determine that the complainant was not discriminated against as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-034 a complaint made under section 77 of the Employment Equality Act, 1998, I determine that the complainant was not discriminated against as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-035 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-036 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-037 a complaint made under section 62(2) of the Charities Act 2009. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-038 a complaint made under schedule 6 of the Consumer Protection Act, 2007. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-039 a complaint made under section 6(1) of the Prevention of Corruption(Amendment ) Act 2010. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-040 a complaint made under section 12 of the Minimum Notice and Terms of Employment Act, 1973. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-041 a complaint made under section 12 of the Minimum Notice and Terms of Employment Act, 1973. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded. CA-00042541-042 a complaint made under section 16 of the Protection of Employees (Part-Time Work) Act, 2001. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
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Dated: 22nd June 2020
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show |