ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00025812
Parties:
| Complainant | Respondent |
Parties | Gareth Arkins | Metropolitan Film Productions |
Representatives | Liz Murray, Irish Film Workers Association | Niamh Ní Cheallaigh, Irish Business and Employers’ Confederation |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 | CA-00032872-001 | 11/12/2019 |
Date of Adjudication Hearing: 16/12/2022
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
Mr Arkins is a member of the Irish Film Workers’ Association (IFWA) and is represented by Ms Liz Murray. Metropolitan Film Productions Limited is represented by Ms Niamh Ní Cheallaigh of IBEC.
Between December 2019 and March 2020, Mr Arkins and 38 colleagues in IFWA submitted complaints to the WRC under various employment law statutes. The scheduling of hearings was delayed due to restrictions during the Covid-19 pandemic and, because of efforts to manage the hearings as efficiently as possible. In respect of Mr Arkins’ specific complaint, a hearing was scheduled for December 16th 2022 at 9.30am. Ms Murray attended to represent Mr Arkins and to present a submission on his behalf, however, he did not attend the hearing. In advance of the hearing, Mr Arkins did not inform the WRC that he would not attend, and, afterwards, he did not send an explanation for his failure to attend.
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 the circumstances where the complainant did not attend the hearing, and, in the absence of any evidence to the contrary having been submitted, I must conclude that this complaint is not well-founded, and I decide accordingly. |
Dated: 12th January 2023
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
The complainant did not attend the hearing. |