ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037395
Parties:
| Complainant | Respondent |
Parties | John Mac Cormaic | Foscadh Housing |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
| Claire McGuigan Smyth & Sons |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
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-00048773-001 | 23/02/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 62(2) of the Charities Act 2009 | CA-00048773-003 | 23/02/2022 |
Date of Adjudication Hearing: 22/11/2022
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
The Complainant sent the following email to the WRC on 20 November 2022 ”I cannot attend the offsite meeting this Tuesday as something has urgently come up, please accept my apologies, please also rearrange a further hearing.”
By reply, it was explained to him that he would need to complete a postponement application form. Following refusal of the postponement request, he was informed that he would need to log in and explain why the hearing should be adjourned. Given his failure to do so, the hearing proceeded in his absence.
The Respondent was in attendance and was accompanied by their legal representative.
Background:
In his complaint form, the Worker stated that he was engaged by the Employer as a Finance Manager on 29 April 2021 and was paid €1,154 per week. He outlined two complaints on his complaint form but did not attend the hearing to give evidence in relation to these. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing to give evidence. |
Summary of Respondent’s Case:
In the absence of any evidence having been presented by the Complainant, the Respondent did not present any evidence. |
Findings and Conclusions:
in the absence of any evidence having been presented by the Complainant, I must conclude that the two complaints are not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00048773-001 and CA-00048773-003: These complaints are not well founded for the reason set out above. |
Dated: 13th December 2023
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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