ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044141
Parties:
| Complainant | Respondent |
Parties | Catherine Keegan | Ftbi Bultrans |
Representatives | No appearance | Hanyie Lamb Peninsula Group |
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-00054577-001 | 19/01/2023 |
Date of Adjudication Hearing: 13/07/2023
Workplace Relations Commission Adjudication Officer: Michael MacNamee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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(s)/dispute(s).
Background:
The matter was listed for hearing at the offices of the Workplace Relations Commission, Lansdowne House, Dublin at 11am on the 13th of July 2023. The Respondent’s Representative Ms. Lamb appeared accompanied by witnesses to be called on behalf of the Respondent, Mr. Tador Stanev and Mr. Ben Carpenter. The Respondent was in a position to proceed and provided a written submission. There was no appearance by or on behalf of the Complainant. Both parties had been notified of the hearing date in writing on the 30th of May 2023. In the Complainant’s case, the notification was sent by email to the address provided by the Complainant. When the complaint was submitted the Complainant gave her consent to receive documentation by email from the W.R.C.
In the circumstances I am satisfied that the Complainant was on notice of the hearing and failed to attend. In such circumstances the Respondent has no case to answer, and I find that the Complainant is not well founded. |
Summary of Complainant’s Case:
There was no appearance by or on behalf of the Complainant. |
Summary of Respondent’s Case:
The Respondent opposed the complaint. |
Findings and Conclusions:
As the Complainant did not appear, the Respondent has no case to answer. The Complaint is not well founded. |
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.
The Complaint is not well founded. |
Dated: 28/07/2023
Workplace Relations Commission Adjudication Officer: Michael MacNamee
Key Words:
Terms of Employment (Information) Act 1994 – No appearance |