ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00043462
Parties:
| Complainant | Respondent |
Parties | Marian Andrei Badescu | Rcf Logistics Limited |
Representatives | The claimant did not attend and was not represented at the hearing. | Ellen Walsh Peninsula |
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-00054171-001 | 16/12/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00054171-002 | 16/12/2022 |
Date of Adjudication Hearing: 28/08/2023
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section7 of the Terms of Employment (Information) Act 1994 and/or Section 12 of the Minimum Notice and Terms of Employment Act, 1973 25 of the Equal Status Act, 2000, 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).
Summary of Complainant’s Case:
The complainant did not attend and was not represented at the hearing. |
Summary of Respondent’s Case:
The respondent’s representative submitted written submissions and attended the hearing with witnesses who were available to give evidence in relation to the complaints |
Findings and Conclusions:
The complainant’s representative was notified of the hearing on the 5th.July 2023.The claimant failed to attend the hearing and did not seek an adjournment . |
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 7 of the Terms of Employment (Information) Act 2994 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I am satisfied that the claimant’s representative was duly notified of the date time and place at which the hearing to investigate the complaint would be held. The claimant did not attend and no application for a postponement was submitted in the weeks preceding the hearing. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well founded and I decide accordingly.
Section 12 of the Minimum Notice and Terms of Employment Act 1973 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I am satisfied that the claimant’s representative was duly notified of the date time and place at which the hearing to investigate the complaint would be held. The claimant did not attend and no application for a postponement was submitted in the weeks preceding the hearing. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well founded and I decide accordingly.
Dated: 25th September, 2023
Workplace Relations Commission Adjudication Officer: Emer O'Shea
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