Adjudication Reference: ADJ-00042314
Parties:
| Complainant | Respondent |
Parties | Aaron Gibson | Fastway Couriers |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | None | Joanna Lynn, Head of Franchising |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 8 of the European Communities (Working Conditions of Mobile Workers engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations, 2009-SI No. 377 of | CA-00051123-001 | 13/06/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00051123-002 | 13/06/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00051123-003 | 13/06/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00051123-004 | 13/06/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act | CA-00051123-005 | 13/06/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00051123-006 | 13/06/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00051123-007 | 13/06/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00051123-008 | 13/06/2022 |
Date of Adjudication Hearing: 19/09/2023
Workplace Relations Commission Adjudication Officer: Shay Henry
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 13 of the Industrial Relations Acts 1969following 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 complainant, Mr Gibson made various complaints against Fastway Couriers, the Respondent. The complainant did not attend the hearing. The respondent was represented at the hearing, |
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
The respondent attended the hearing but, in the absence of the complainant, was not required to give evidence. |
Findings and Conclusions:
As part of my investigation I am obliged to hold a hearing. I am satisfied that the complainant was notified of the arrangements for the hearing. I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 79 of the Employment Equality Act and other Acts referenced in his complaint has ceased. As no evidence was given at the hearing in support of the allegations of discrimination, I conclude the investigation and find against the complainant. No evidence was provided at the hearing in relation to the other complaints made and therefore these are not well founded. |
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.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
CA-00051123-001 The complaint is not well founded. CA-00051123-002 The complaint is not well founded. CA-00051123-003. The complaint is not well founded. CA-00051123-004 The complaint is not well founded. CA-00051123-005 I do not recommend in favour of the complainant. CA-00051123-006 The complainant was not discriminated against. CA-00051123-007 The Act was not contravened. CA-00051123-008 The Act was not contravened |
Dated: 26/09/2023
Workplace Relations Commission Adjudication Officer: Shay Henry
Key Words:
Complainant did not attend the hearing |