ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00040692
Parties:
| Complainant | Respondent |
Parties | Barry Osborne | Lighthouse Media Ltd. Rebeka Kahn Artwear |
Representatives |
| William Wall of Peninsula |
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-00051858-001 | 26/07/2022 |
Date of Adjudication Hearing: 12/05/2023
Workplace Relations Commission Adjudication Officer: David James Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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).
Background:
The Complainant had submitted a complaint under the terms of employment information act concerning the alleged failure of the Respondent to provide updated terms of employment in writing.
A hearing was held in the Lansdowne House which the Respondent attended represented by Mr Wall of Peninsula.
The Complainant failed to attend the hearing. On review of his complaint form I can see he consented to be communicated with by email. He provided an email address. From review of the WRC file I can see that the email address is the same email address the hearing notification was sent to.
No request for a postponement was made by the Respondent. |
Summary of Complainant’s Case:
The Complainant failed to attend the hearing. |
Summary of Respondent’s Case:
The Respondent submitted a full defence to the Complainant’s complaint and attended the hearing and was prepared to present evidence. |
Findings and Conclusions:
There was no appearance by the Complainant at the hearing. I am satisfied that the complainant consented to receiving correspondence by email and was sent notice in writing to the address provided on the complaint form of the date, time and place at which the hearing would be held. In these circumstances the complaint must fail. |
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: 9th June 2023
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words: