Complainant

Respondent

Parties

Michael  Lee

Leinster Facility Serivices

Representatives

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00055177-002

20/02/2023

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00055177-004

20/02/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00055177-005

20/02/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00055177-006

20/02/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00055177-007

20/02/2023

This matter was scheduled to be heard by way of remote hearing pursuant to the Civil Law and Criminal Law (miscellaneous Provisions) Act 2020 and SI 359/2020 which said instrument designates the Workplace Relations Commission as a body empowered to hold remote hearings pursuant to Section 31 of the Principal Act. The said remote hearing was set up and hosted by an appointed member of the WRC administrative staff. I am satisfied that no party was prejudiced by having this hearing conducted remotely.  I am also satisfied that I was in a position to fully exercise my functions and I made all relevant inquiries in the usual way.

In response to the Supreme Court decision in the constitutional case of Zalewski  -v- An Adjudication Officer and the Workplace Relations Commission and Ireland and the Attorney General [2021 ]IESC 24 (delivered on the 6th of April 2021) I can confirm that the within hearing was open to the public so as to better demonstrate transparency in the administration of Justice. Had evidence been given it would have been in compliance with the Workplace Relations (Miscellaneous Provisions) Act, 2021 which came intoeffecton the 29th of July 2021, and which accommodates situations where there is the potential for a serious and direct conflict in the evidence between the parties to a complaint. In such circumstances, an oath or an affirmation may be required to be administered to any person giving evidence before me. It is noted that the giving of false statements or evidence is an offence.

This matter came in front of the Adjudication Services on foot of a complaint form dated the 20th of February 2023.

The Complainant did not attend. I am satisfied that the Complainant was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 13th of June 2023 - and sent to the address provided by the Complainant on the workplace relations complaint form.

The Respondent was represented by a Company Director and the Company Secretary. The Respondent representative indicated that this matter was settled as between the parties and further indicated that the Complainant was not expected to attend to confirm the fact of settlement.

I had no reason not to accept the Bona Fides of the Respondent representatives. However, I asked that the Complainant be contacted in writing Setting out the following:

Dear Mr Lee,

This matter came before the Adjudication Services on the 2nd of August last. A representative on behalf of the Respondent company indicated that this matter had been compromised as between the parties and that a hearing would no longer be required.

I would be grateful if you could (as soon as possible) take the time to email the below address confirming that you are happy that this file can now be closed. Please be sure to include the ADJ reference number of 44470.

Yours sincerely,

Etc.

I can confirm that no reply was ever received and, in the circumstances, I am obliged to record a “no show” decision to allow for this file to be closed off.

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00055177-002 – This complaint was not well—founded in circumstances where no evidence was adduced.

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00055177-004 - This complaint was not well—founded in circumstances where no evidence was adduced.

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00055177-005 - This complaint was not well—founded in circumstances where no evidence was adduced.

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00055177-006 - This complaint was not well—founded in circumstances where no evidence was adduced.

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00055177-007 - This complaint was not well—founded in circumstances where no evidence was adduced.