ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00038229
Parties:
| Complainant | Respondent |
Parties | Ian Doogue | Gpx Rail Limited |
Representatives | Andrea Cleere SIPTU | Rosemary Mallon B.L. instructed by Kane Tuohy Solicitors |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 23 of the Industrial Relations (Amendment) Act, 2015 | CA-00049672-001 | 13/04/2022 |
Date of Adjudication Hearing: 07/02/2023
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complaint was referred to the Workplace Relations Commission (WRC) on 13th April 2022 alleging a breach of the Construction Industry Sectoral Employment Order (SEO). A hearing for the purpose of addressing the compliant was scheduled to take place using the remote hearing platform, Webex, on 7th February 2023. |
Summary of Complainant’s Case:
The complainant was not present at the adjudication hearing to pursue his complaint. |
Summary of Respondent’s Case:
The respondent and its legal representatives were present at the adjudication hearing to put forward the respondent’s position in relation to the complaint. |
Findings and Conclusions:
The complaint was received by the Director General of the Workplace Relations commission on 13th April 2022 whereby the complainant alleged that his former employer contravened the provisions of the Construction Industry Sectoral Employment Order (SEO) in relation to him. The complainant sought an adjudication hearing under Section 23 of the Industrial Relations (Amendment) Act, 2015. The complaint was assigned the complaint application numbers CA-00049672-001. The said complaint was referred to me for investigation. A hearing for that purpose was arranged for 7th February 2023. There was no appearance by the complainant at the adjudication hearing. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
In all of the circumstances of the matter, I must conclude that as the complainant did not attend the adjudication hearing, the within complaint (CA-00049672-001) is not well-founded and I decide accordingly. |
Dated: 27/04/2023
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Nonattendance at hearing |