ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00025826

Parties:

	Complainant	Respondent
Parties	Corie Tracey	Metropolitan Film Productions

Representatives

Liz Murray, Irish Film Workers Association

Ciaran Loughran, IBEC

Complaint:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003	CA-00032885-001	11/12/2019

Date of Adjudication Hearing: 06/03/2023

Workplace Relations Commission Adjudication Officer: Catherine Byrne

Procedure:

Mr Tracey is a member of the Irish Film Workers’ Association (IFWA) and is represented by Ms Liz Murray. Metropolitan Film Productions Limited is represented by Mr Ciarán Loughran of IBEC.

Between December 2019 and March 2020, Mr Tracey and 38 colleagues in IFWA submitted complaints to the WRC under various employment law statutes. The scheduling of hearings was delayed due to restrictions during the Covid-19 pandemic and, because of efforts to manage the hearings as efficiently as possible. In respect of Mr Tracey’s complaint under the Protection of Employees (Fixed-term Work) Act 2003, a hearing was scheduled for March 6th 2023 at 9.30am. Three other complaints under separate statues were scheduled at the same time, under ADJ-00026931. Ms Murray attended to represent Mr Tracey and to present a submission on his behalf, however, he did not attend the hearing. In advance of the hearing, Mr Tracey did not inform the WRC that he would not attend, and, afterwards, he did not send an explanation for his failure to attend.

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.

In the circumstances where the complainant did not attend the hearing, and, in the absence of any evidence to the contrary having been submitted, I must conclude that this complaint is not well-founded, and I decide accordingly.

Dated: 15-03-2023

Workplace Relations Commission Adjudication Officer: Catherine Byrne

Key Words:

The complainant did not attend the hearing.