ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00042998
Parties:
| Complainant | Respondent |
Parties | Adam Morrissey | Bidvest Noonan (Roi) Ltd. |
Representatives |
| Ruth Heenan Gerard McKenna (Operations Manager) Linda Connelly (HR) |
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-00053480-001 | 31/10/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00053480-002 | 31/10/2022 |
Date of Adjudication Hearing: 27/06/2023
Workplace Relations Commission Adjudication Officer: Caroline Reidy
Procedure:
In accordance with Section 7 of the Terms of Employment (Information) Act, 1994 and Section 27 of the Organisation of Working Time Act, 1997 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 to me any evidence relevant to the complaints.
Background:
The Company name Bidvest Noonan (ROI) Ltd was confirmed as correct by the Respondent representative. |
Summary of Complainant’s Case:
The Complainant nor his legal representative attended the hearing. |
Summary of Respondent’s Case:
IBEC representative for the Respondent stated that in the Complainants absence he wasn’t available to put forward his claim and therefore it should not be upheld, and the case be dismissed. |
Findings and Conclusions:
I explained to the Respondent I needed to confirm the Complainant was notified correctly as next step.
As part of my investigation, I am satisfied that the Complainant was notified of the arrangements for the hearing on 16 May 2023 and there was no request for adjournment or postponement was requested by the Complainant.
I consider that the Complainant’s failure to attend the hearing was unreasonable in the circumstances.
I conclude the investigation and find against the Complainant.
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Decision:
Section 7 of the Terms of Employment (Information) Act, 1994 and Section 27 of the Organisation of Working Time Act, 1997 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I find that the Complainant was correctly notified but did not attend the hearing so the claim is not upheld. |
Dated: 27/11/2023
Workplace Relations Commission Adjudication Officer: Caroline Reidy
Key Words: |