ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00040767
Parties:
| Complainant | Respondent |
Parties | Denis Shoyeju | Irish Country Meats (Sheepmeat) Unlimited Company |
Representatives | Not represented | Alastair Purdy & Co, Solicitors |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005 | CA-00051987-001 | 29/07/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00051987-002 | 29/07/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00051987-003 | 29/07/2022 |
Date of Adjudication Hearing: 20/02/2023
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 2021, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present any evidence relevant to the complaints. The hearing was held remotely on 20th February 2023, in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020.
The respondent and their representative attended the remote hearing. As the complainant was not in attendance, I delayed the commencement of the hearing for 15 minutes. The complainant did not attend the hearing.
Background:
The complainant submitted a complaint under Section 28 of the Safety, Health & Welfare at Work Act, 2005, Section 77 of the Employment Equality Act, 1998, and Section 12 of the Minimum Notice & Terms of Employment Act, 1973 which were received by the Workplace Relations Commission on 29th July 2022. |
Summary of Complainant’s Case:
As the complainant did not attend the hearing, there was no complaint made out under the Safety, Health & Welfare at Work Act, Employment Equality Act 1998, and Minimum Notice & Terms of Employment Act,1973. |
Summary of Respondent’s Case:
The respondent made a comprehensive submission in advance of the hearing and attended the remote hearing to respond to the complaint. |
Findings and Conclusions:
As the complainant did not attend the remote hearing to make out his complaints, I find that the complaints are not well founded. I am satisfied that the complainant was on notice of the scheduled hearing. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 79 of the Employment Equality Acts, 1998 – 2021 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
CA-00051987-001- I find that the complaint is not well founded. CA-00051987-002- I find that the complainant was not discriminated against. CA-00051987-003- I find that there has been no contravention of the Minimum Notice and Terms of Employment Act 1973-2005. |
Dated: 06/03/2023
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
No appearance |