ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046447
Parties:
| Complainant | Respondent |
Parties | Alise Janska | Coffee Works |
Representatives |
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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-00057379-001 | 27/06/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00057379-002 | 27/06/2023 |
Date of Adjudication Hearing: 02/11/2023
Workplace Relations Commission Adjudication Officer: David James Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015 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 submitted a complaint form to the WRC on the 27th of June 2023 alleging that she had been discriminated against by the Respondent when they dismissed her. She had only two months service with the Respondent, working as a barista. The reason given was customer complaints. The Complainant disputes this and argues that she was discriminated against compared to other staff who had received verbal and written warnings in the past and who had been given access to more training.
The Complainant also alleges that she did not receive a statement outlining the particulars of her employment, as required by the Terms of Employment (Information) Act.
A hearing was held on the 2nd of November 2023. Neither the Complainant nor the Respondent attended. |
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:
On review of the file I am satisfied that that Complainant was notified of the hearing date, time and location. Specifically, I note that she provided an email address and indicated that the WRC could communicate with that address. The WRC emailed the hearing notification to that address. On the morning of the hearing I called the Complainant on the mobile number given on her Complainant form. This was not answered. As the Complainant did not attend the hearing to advance her case, I determine that her 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 79 of the Employment Equality Acts, 1998 – 2015 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-00057379-001 The above complaint is not well founded. CA-00057379-002 The above complaint is not well founded. |
Dated: 3rd November 2023
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words:
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