ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00043124

Parties:

	Complainant	Respondent
Parties	Andrew Keogh	Evan Galvin Fitness Ltd Evcore Gym

Representatives

No Appearance by or on behalf of the Complainant (no next friend)

No Appearance by or on behalf of the Respondent

Complaint:

Act	Complaints and 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-00053527-001	03/11/2022
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00054211-002	13/12/2022
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00054211-003	13/12/2022
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00054211-004	13/12/2022

Date of Adjudication Hearing: 23/06/2023

Workplace Relations Commission Adjudication Officer: Patsy Doyle

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015, Regulation 18 of the European communities (Road Transport )Organisation of Working Time of Persons performing Mobile Road Transport activities )Regulation 2012 SI 36/2012 , Section 7 of the Terms of Employment (Information )Act 1994 , Section 6 of the Payment of Wages Act , 1991 and Section 27 of the Organisation of Working Time Act , 1997 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 .

Background:

Between November 3, 2022, and 13 December 2022, the Complainant, a Gym Assistant lodged a number of employment rights complaints before the WRC. Two matters were referred to the WRC Inspectorate.

A hearing date of 23 June 2023 was notified to both parties on 19 May 2023. By then the Complainant had referenced a legal representative at Conway’s Solicitors, who expanded on the claims lodged.

Neither party lodged an outline submission in support of the statement of claim or in defence of this.

Neither party attended the hearing, either in person or by means of representation.

I have waited more than the obligatory 5 day waiting period to allow for either party to offer an excuse for nonappearance. I have not received any communication from the parties.

It appears from the papers that the complainant may well be a minor. No next friend has stepped forward in the case.

Summary of Complainant’s Case:

There was no appearance by the complainant or his next friend at hearing. No outline submission was filed in the case. No particularisation of the claims followed. No explanation was received for nonappearance at hearing.

CA-00053527-001 Regulation 18 of the European Communities Regulations 2012 S.I 36/2012

The Complainant submitted that he had not received a statement in writing of his terms of employment.

CA-00054211-002 Terms of Employment (Information Act,) 1994

The Complainant submitted that he had not received a statement in writing of his core terms of employment.

CA-00054211-003 Payment of Wages Act, 1991

The Complainant submitted that he was owed €237.15 for unpaid wages in June 2022.

CA-00054211-004 Organisation of Working Time Act

The Complainant submitted that he had not received payment in respect of Sundays June to August 2022

Summary of Respondent’s Case:

There was no appearance by the Respondent at hearing. No outline in defence was filed in the case. No explanation was received for no appearance at hearing.

CA-00053527-001 Regulation 18 of the European Communities Regulations 2012 S.I 36/2012

On 25 January 2023, the Respondent emailed a rejection of the claim. He exhibited time records but did not attend the hearing to give evidence in the case.

CA-00054211-002 Terms of Employment (Information Act,) 1994

There was no defence in the case.

CA-00054211-003 Payment of Wages Act, 1991

There was no defence in the case.

CA-00054211-004 Organisation of Working Time Act, 1997

There was no defence in the case.

Findings and Conclusions:

I have been requested to make decisions in each of these complaint s. Neither party submitted an outline submission. Neither party attended the hearing in the case. I am satisfied that both parties were properly on notice of the hearing and their decision not to attend must be therefore, be deemed unreasonable.

I go forward now to record my findings in the matter.

I remain unclear on whether the complainant is a minor in the eyes of the law. This would have raised an issue in terms of taking the oath at hearing.

I have not received notification of a next friend in the case.

CA-00053527-001 Regulation 18 of the European Communities Regulations 2012 S.I 36/2012