ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00033783
Parties:
| Complainant | Respondent |
Parties | Kevin Kiely | Eliste Securtiy Northern Ireland Elite Security |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives | Did not attend. | Christopher Ryan DAC Beachcroft |
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-00044251-001 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00044251-002 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00044251-003 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00044251-004 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00044251-005 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00044251-006 | 20/05/2021 |
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-00044251-007 | 20/05/2021 |
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-00044251-008 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00044251-009 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00044251-010 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00044251-011 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00044251-012 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00044251-013 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00044251-014 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00044251-015 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 18A of the Organisation of Working Time Act, 1997 | CA-00044251-016 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00044251-017 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00044251-018 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00044251-019 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00044251-020 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00044251-021 | 20/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00044251-022 | 20/05/2021 |
Date of Adjudication Hearing: 10/11/2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed as a Security Manager by the Respondent. Employment commenced in September 2018 and ended in March 2021. This complaint was received by the Workplace Relations Commission on 1st June 2021. |
Summary of Complainant’s Case:
The Complainant did not attend the scheduled hearing of the case. I am satisfied that all arrangements for the hearing were sent to the Complainant in a timely manner. |
Summary of Respondent’s Case:
The Respondent with legal representation attended the scheduled hearing of the complaint and were fully prepared to present a defence against the complaints submitted. |
Findings and Conclusions:
The Complainant lodged several complaints against his former employer alleging that said employer had breached legislation (22 complaints in total as outlined above). The Complainant failed to attend the scheduled hearing of the complaints and also failed to provide any reasonable explanation to the WRC explaining his non-attendance. As no evidence has been adduced on behalf of the Complainant I have no option but to find that the complaints are not well-founded and therefore fail. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) 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.
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.
As no evidence has been adduced on behalf of the Complainant, I have no option but to find that the complaints are not well-founded and therefore fail. |
Dated: 22/11/2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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