ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00044023

Parties:

	Complainant	Respondent
Parties	Linda MacDonald	The Yellow Phoenix Limited

Representatives

Self-Represented

Complaint:

Act	Complaint 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-00054357-002	05/01/2023

Date of Adjudication Hearing: 09/06/2023

Workplace Relations Commission Adjudication Officer: Brian Dolan

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The Complainant commenced employment with the Respondent on 12th September 2018. The Complainant’s employment terminated on 13th November 2022. The Complainant referred the preset complaint to the Commission on 5th January 2023.

A hearing in relation to this matter was convened for, and finalised on, 9th June 2023. This matter was listed alongside that bearing reference number ADJ-00043544, and this decision should be read in conjunction with the same. During the hearing, the parties agreed that this matter is a duplicate of a complaint contained within that file reference and the matter was not pursued by the parties.

Summary of Complainant’s Case:

At the hearing of the matter, it was accepted that the present complaint was a duplicate of one contained within file reference ADJ-00043544, and as such the matter was not pursued.

Summary of Respondent’s Case:

The Respondent further accepted that the present complaint is a duplicate, with their defence being considered elsewhere.

Findings and Conclusions:

In circumstances whereby I find that the complaint has not been pursued by the Complainant, I find that the complaint is not well-founded.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

I find that the complaint is not well-founded.

Dated: 27th October 2023

Workplace Relations Commission Adjudication Officer: Brian Dolan

Key Words:

Duplicate, Not pursued