ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00036158
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A Media Company |
Representatives |
| Stefan O'Connor Mannion Solicitors |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Industrial Relations Act 1969 | CA-00047346 | 25/11/2021 |
Workplace Relations Commission Adjudication Officer: David James Murphy
Date of Hearing: 27/09/2022
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
Background:
On 25th of November 2021 the Workplace Relations Commission received a complaint from the Worker alleging that he had been forced to leave his employment due to the actions of the Employer. He further alleged that the Employer had failed to pay him a number of outstanding expenses and wages. The Worker submitted extensive correspondence between the parties in advance of the hearing. Just before the hearing was due to commence the WRC received notification from the Worker that he would be 30 minutes late. 45 minutes after the hearing was scheduled to start the Adjudication Officer opened the hearing. The Worker was not present at the hearing. The Adjudication Officer noted the absence of the Worker and closed the hearing. |
Summary of Workers Case:
The Worker did not attend the hearing to pursue his claim. |
Summary of Employer’s Case:
In the correspondence provided by the Worker and in direct correspondence with the WRC the Employer argued the Worker was not an employee but a self-employed contractor. The Employer’s finance director attended the scheduled hearing. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
I note the Labour Court recommendation in HSE V a Worker , LCR 22637. In this case a Worker failed to attend a hearing held under Section 20(1) of the IR Act. The Court considered the implications of the nonappearance by the Worker at hearing and concluded:
In circumstances, where the Worker and her representative failed to attend the hearing, the complaint fails due to her failure to pursue her claim. The Court recommends that the issue be regarded as closed.
As the Worker did not attend the hearing as scheduled I cannot bring my investigation any further. The claim has fallen as the Worker did not attend the hearing to pursue his claim.
I conclude that the matter is closed. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
As the Worker did not attend the hearing as scheduled I recommend that the matter is closed and no further action is taken.
Dated: 15th November 2022
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words:
Non Appearance by Worker |