ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00043746
Parties:
| Complainant | Respondent |
Parties | Samantha Coote | AIB Ltd |
Representatives |
| Mark Kelly, AIB Legal Department |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012 | CA-00054695-001 | 24/01/2023 |
Date of Adjudication Hearing: 12/07/2023
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
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 by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant referred her complaint to the Director General of the WRC on 24 January 2023 alleging that, as an agency worker, she did not receive the same basic working and employment conditions to which a comparable worker would be entitled.
Correspondence informing the parties of the arrangements for the adjudication hearing to be held on 12 July 2023 issued on 15 June 2023.
There was no attendance by, or on behalf of, either party at the adjudication hearing.
I am satisfied that the parties were properly notified of the arrangements for the adjudication hearing. |
Summary of Complainant’s Case:
There was no attendance by, or on behalf, of the Complainant to adduce any evidence in support of her claim. There has been no communication from, or on behalf of, the Complainant prior to or post the adjudication hearing explaining her non-attendance. |
Summary of Respondent’s Case:
There was no attendance by, or on behalf, of the Respondent. The Respondent contacted the WRC by email on 23 February 2023 stating that the Complainant’s complaint is outside the maximum allowable time of 12 months under the Act and the complaint is statute barred. The Respondent contacted the WRC on 27 June 2023 informing that it would not be attending the hearing. |
Findings and Conclusions:
The within complaint was referred to the Director General of the WRC on 24 January 2023. The complaint was referred to me for investigation. A hearing for that purpose was scheduled on 12 July 2023. The parties were notified in writing by the WRC of the arrangements for the hearing on 15 June 2023. There was no appearance by, or on behalf of, either party at the adjudication hearing. I am satisfied that the parties were properly notified of the arrangements for the hearing. |
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.
I declare the complaint to be not well founded. |
Dated: 24th July 2023
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Key Words:
Non-attendance |