ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044069
Parties:
| Complainant | Respondent |
Parties | Valentina Pelyshok | Duffy's Supervalu Supervalu |
Representatives | Thomas McGarry | O’Dowd Solicitors LLP |
Complaint(s):
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-00053173-001 | 08/10/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00053173-002 | 08/10/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00053173-006 | 13/10/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00053173-009 | 08/10/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00053173-010 | 08/10/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00053173-011 | 08/10/2022 |
Date of Adjudication Hearing: 20/06/2023
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 6 of the Payment of Wages Act, 1991 and/or Section 7 of the Terms of Employment (Information)Act 1994 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Summary of Complainant’s Case:
The complainant did not attend and was not represented at the hearing |
Summary of Respondent’s Case:
The respondent presented with written submissions, attended the hearing with its legal representative and were available to provide its evidence in relation to the complaint. |
Findings and Conclusions:
As part of my investigation, I am obliged to hold a hearing. There was no appearance by the complainant or her representative at the hearing or explanation for their absence on the day of the hearing or on the days preceding the hearing. No postponement or adjournment was sought. The complainant’s representative has since submitted - on the 27th.June 2023 - that the complainant could not attend for medical reasons. No evidence or documentation was submitted to corroborate same. I am satisfied that the complainant was notified of the time and date of the hearing. In these circumstances and in the absence to the contrary having been adduced before me, I conclude the investigation and find against the complainant. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I am satisfied that the claimant was duly notified of the date time and place at which the hearing to investigate the complaint would be held. The claimant did not attend and no application for a postponement was submitted in the weeks preceding the hearing. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well founded and I decide accordingly.
Section 7 of the Terms of Employment (Information) Act 1994 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I am satisfied that the claimant was duly notified of the date time and place at which the hearing to investigate the complaint would be held. The claimant did not attend and no application for a postponement was submitted in the weeks preceding the hearing. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well founded and I decide accordingly.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
I am satisfied that the claimant was duly notified of the date time and place at which the hearing to investigate the complaint would be held. The claimant did not attend and no application for a postponement was submitted in the weeks preceding the hearing. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well founded and I decide accordingly.
Dated: 5th July 2023
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Key Words:
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