ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00038294
Parties:
| Employee | Employer |
Anonymised Parties | A Retail Assistant | A Retailer |
Representatives | Not present | The HR Suite |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969. | CA-00038432-001 | 29/06/2020 |
Date of Adjudication Hearing: May 18th 2022
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act 2015 and Section 13 of the Industrial Relations Act 1969 following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The Employee submitted a dispute for investigation relating to a change in working hours. |
Summary of Employee’s Case:
The Employee Representative was contacted by the WRC prior to the above Remote Hearing for the email list of attendees for the Remote Hearing. The Employee Representative advised the Employee had left the employment in October 2021. He also advised he had recently submitted documentation in advance of the Hearing. Following a check by the WRC for the documents none were found and the Employee Representative was again contacted in advance of the Hearing by the WRC to resubmit the documents. On the date of the Hearing there was no appearance by the Employee or her Representative. Post the Hearing the WRC confirmed to the Adjudicator that there were no recent documents received by the WRC on behalf of the Employee. Therefore, the Employee offered no explanation of her dispute to the Hearing of her dispute. |
Summary of Employer’s Case:
The Employer denied it had a case to answer. |
Findings and Conclusions:
A Complaint was received by the Director General of the Workplace Relations Commission by the Employee on June 29th 2020 alleging that the employer changed her work hours without agreement. The said dispute was referred to me for investigation. A Hearing for that purpose was held on May 18th 2022. There was no appearance by or on behalf of the Employee at the Hearing. I am satisfied that the said Employee was informed in writing of the date, time and place at which the Hearing to investigate the dispute would be held and were not present at the Hearing. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a Recommendation in relation to the dispute.
I find in favour of the Employee. |
Dated: 10th June 2022
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Working Hours |
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