ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00037146
Parties:
| Complainant | Respondent |
Parties | Caroline McGuire | Kees Hotel Limited Kees Hotel Leisure And Wellness Centre |
Representatives | Wendy Doyle Wendy Doyle Solicitors | Marshall McCloughan McCloughan & Co. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00048502-001 | 07/02/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00048502-002 | 07/02/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00048502-003 | 07/02/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00048502-004 | 07/02/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00048502-006 | 07/02/2022 |
Date of Adjudication Hearing: 13/09/2022
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 7 of the Terms of Employment (Information) Act , 1994 and/or Section 6 of the Payment of Wages Act 1991 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The claimant’s representative was contacted by the WRC on the 12.09.2022 for submissions for the hearing. The representative advised that no instructions had been received from the claimant.
The claimant did not attend and was not represented at the hearing
The respondent furnished a submission on the 7th.Sept. 2022 and the respondent was represented at the hearing by Mr.Marshall McCLoughan. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
ADJ-00048502-003
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.
I am satisfied that the claimant’s representative was duly notified of the date time and place at which the hearing to investigate the complaint would be held. The claimant did not attend and no application for a postponement was submitted in the weeks preceding the hearing. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well founded and I decide accordingly.
CA-00048502-001 , CA-00048502-002,CA-00048502-006
Section 7 of the Terms of Employment (Information) Act requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under the Act.
I am satisfied that the claimant’s representative was duly notified of the date time and place at which the hearing to investigate the complaint would be held. The claimant did not attend and no application for a postponement was submitted in the weeks preceding the hearing. 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.
CA-00048502-004
Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under the Act.
I am satisfied that the claimant’s representative was duly notified of the date time and place at which the hearing to investigate the complaint would be held. The claimant did not attend and no application for a postponement was submitted in the weeks preceding the hearing. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well founded and I decide accordingly.
Dated: 6th October 2022
Workplace Relations Commission Adjudication Officer: Emer O'Shea
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