ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033916
Parties:
| Complainant | Respondent |
Parties | Lazar Avric | Arrabawn Co-op Society Limited |
Representatives | Not represented | Irish Business and Employers Confederation |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005 | CA-00044838-001 | 29/06/2021 |
Date of Adjudication Hearing: 08/12/2022
Workplace Relations Commission Adjudication Officer: Seamus Clinton
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 and to present any evidence relevant to the complaint. The hearing was held remotely on 8th December 2022, in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020.
The respondent and their representative attended the remote hearing. As the complainant was not in attendance, I delayed the commencement of the hearing for 15 minutes. The complainant did not attend the hearing.
Background:
The complainant submitted a complaint under Section 28 of the Safety, Health & Welfare at Work Act, 2005 which was received by the Workplace Relations Commission on 29th June 2021. |
Summary of Complainant’s Case:
As the complainant did not attend the hearing, there was no case of penalisation made out under the Safety, Health & Welfare at Work Act, 2005. |
Summary of Respondent’s Case:
The respondent made a comprehensive submission in advance of the hearing and attended the remote hearing to answer the complaint. |
Findings and Conclusions:
As the complainant did not attend the remote hearing to make out his complaint, I find that the complaint is not well founded. I am satisfied that the complainant was on notice of the scheduled hearing, and I have verified that he was served with the date, time, and log-in details. |
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.
CA-00044838-001 I find that the complaint is not well founded. |
Dated: 4th January 2023
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Safety health and welfare, penalisation |