ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00036497

Parties:

	Complainant	Respondent
Parties	Luke Sheahan	Fresh Food Lover Ltd.

Representatives

N/A

Peninsula Business Services Ireland

Complaints:

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-00047693-001	16/12/2021
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00047693-002	16/12/2021
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001	CA-00047693-004	16/12/2021

Date of Adjudication Hearing: 01/09/2022

Workplace Relations Commission Adjudication Officer: Lefre de Burgh

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 – 2015following 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.

Background:

The Complainant was employed by the Respondent in a part-time role in the Respondent company’s café business. There is a dispute as to the dates and length of employment. The Complainant alleges that he was unfairly dismissed, treated less favourably than a full-time worker and never received a contract/written terms of employment.

Summary of Complainant’s Case:

The Complainant did not attend the adjudication hearing and was not represented.

Summary of Respondent’s Case:

The Respondent attended the adjudication hearing.

As there is no appearance from the Complainant, the complaints should be dismissed for want of prosecution.

Findings and Conclusions:

The complaints were received by the Director General of the Workplace Relations Commission on 16th December 2021 whereby the complainant alleged that his former employer contravened the provisions of the Terms of Employment (Information) Act 1994, the Unfair Dismissal Act 1977 and the Protection of Employees (Part-Time Work) Act 2001. The complaints were assigned the complaint application numbers CA-00047693-001, CA-00047693-002 and CA-00047693-004 respectively.

The said complaints were referred to me for investigation. A hearing for that purpose was arranged for September 1st, 2022. There was no appearance by or on behalf of the Complainant at the hearing.

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.

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

In all of the circumstances of the matter, I must conclude that the within complaints (CA-00047693-001, CA-00047693-002 and CA-00047693-004) are not well-founded and I decide accordingly.

Dated: 4th January 2023

Workplace Relations Commission Adjudication Officer: Lefre de Burgh

Key Words:

No appearance by Complainant;