ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00043719

Parties:

	Complainant	Respondent
Parties	Lukasz Waliszewski	Mc Arthur Group Limited Status Is Liquidation

Representatives

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 18A of the Organisation of Working Time Act, 1997	CA-00054045-002	05/12/2022
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00054045-003	05/12/2022
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00054045-004	05/12/2022
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00054045-005	05/12/2022
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00054045-006	05/12/2022
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00054045-007	05/12/2022
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)	CA-00054045-008	05/12/2022
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)	CA-00054045-010	05/12/2022
Complaint seeking adjudication by the Workplace Relations Commission under Section 18A of the Organisation of Working Time Act, 1997	CA-00054045-011	05/12/2022
Complaint seeking adjudication by the Workplace Relations Commission under Section 18A of the Organisation of Working Time Act, 1997	CA-00054045-012	05/12/2022

Date of Adjudication Hearing: 22/09/2023

Workplace Relations Commission Adjudication Officer: David James Murphy

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012, and/or Part VII of the Pensions Acts 1990 - 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations Acts 1969] 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 appears to have worked for the Respondent company and has alleged to have suffered workplace accidents some 16 years ago.

The Complainant filed a multitude of complaints directed at the Respondent, some of which do not clearly fit under a particular piece of legislation.

A hearing was held on 22nd of September 2023 to consider these complaints. The Complainant wrote to the WRC before the hearing, indicating that he would not attend. The Respondent went into liquidation sometime in 2014 and also failed to appear.

Summary of Complainant’s Case:

The Complainant did not attend the hearing.

Summary of Respondent’s Case:

The Respondent did not attend the hearing.

Findings and Conclusions:

I am satisfied that both parties were notified of the hearing and failed to attend.

In particular I note the Complainant wrote to the WRC on the 5th of August replying to the letter requesting he attend a hearing into his complaints. He appears to have taken umbrage at the request for him to attend a hearing to inquire into his complaints and referred to the extensive litigation he has already engaged in with the Respondent via the Courts.

I note that the issues referred to appear well out of time and were almost certainly outside my jurisdiction. In either event the Complainant failed to attend and prosecute, or even clarify, his case.

In the circumstances I am satisfied that his complaints 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.

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

I find that the above complaints are not well founded.

Dated: 03/11/2023

Workplace Relations Commission Adjudication Officer: David James Murphy

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