ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00042276
Parties:
| Complainant | Respondent |
Parties | Alan Hearne | Morris Oil Company Limited |
Representatives | Ms Kelly BL instructed by HR Delahunty | Ms MP Guinness BL instructed by Grace Lee Holmes O'Malley Sexton LLP |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00052986-001 | 27/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00052986-002 | 27/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00052986-003 | 27/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00052986-004 | 27/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00052986-005 | 27/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00052986-006 | 27/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00052986-007 | 27/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00052986-009 | 27/09/2022 |
Date of Adjudication Hearing: 18/07/2023
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015and Section 8 of the Unfair Dismissals Acts, 1977 - 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 any evidence relevant to the complaints. The hearing was held in the Workplace Relations Commission (WRC) Hearing Rooms in Carlow on the above date.
Ms Kelly BL appeared on behalf of the complainant and sought an adjournment due to the unavailability of the complainant due to illness and a difficulty with the attendance of the complainant’s witness. Ms Guinness BL and the respondents were in attendance. The hearing was adjourned for a period to decide on the adjournment request.
On the resumption of the hearing, I decided not to grant the adjournment on the basis that no medical certificate was presented, and no submissions had been made in response to the respondent’s submission.
Background:
There was no appearance by the complainant to make out his case and no submissions had been made in advance of the hearing. |
Summary of Complainant’s Case:
The complainant submitted details of his complaints which were received by the WRC on 27th September 2022. There was no appearance by the complainant to make out his case under each of the complaints. |
Summary of Respondent’s Case:
The respondent and their representative appeared at the hearing to answer the complaints made. |
Findings and Conclusions:
As there was no attendance by the complainant and no case made out, I find that the complaints under the Organisation of Working Time Act 1997, Payment of Wages Act 1991 and the Minimum Notice & Terms of Employment Act 1973 are not well founded. Under the Unfair Dismissals Act 1977, I find that the complainant was not unfairly dismissed. |
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.
CA-00052986-001- I find that the complainant was not unfairly dismissed. CA-00052986-002- I find that the complaint was not well founded. CA-00052986-003- I find that the complaint was not well founded. CA-00052986-004- I find that the complaint was not well founded. CA-00052986-005- I find that the complaint was not well founded. CA-00052986-006- I find that the complaint was not well founded. CA-00052986-007- I find that the complaint was not well founded. CA-00052986-009- I find that the Act was not contravened. |
Dated: 24-07-2023
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
No appearance |