ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044381
Parties:
| Complainant | Respondent |
Parties | Cristian Paraschiv | RCF Logistics Limited |
Representatives | No appearance | Peninsula, Ellen Walsh |
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-00055239-001 | 23/02/2023 |
Date of Adjudication Hearing: 11/09/2023
Workplace Relations Commission Adjudication Officer: Emile Daly
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:
This complaint consisted of an allegation that the Complainant was not issued with terms and conditions of his employment in writing. |
Summary of Complainant’s Case:
No appearance |
Summary of Respondent’s Case:
In a written submission issued prior to the hearing the Respondent contended that the complaint was issued outside the statutory time limits and consequently the WRC has no jurisdiction to investigate this complaint. In the submissions the substantive complaint was also fully denied. The Respondent and their representative attended the adjudication hearing on 11 September 2023 however the Complainant did not attend and no evidence was given to substantiate the complaint.
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Findings and Conclusions:
I am satisfied that the Complainant was put on notice by the WRC of the adjudication hearing scheduled on 11 September 2023. The hearing notification letter issued to the Complainant on 21 July 2023 to an address and to email details as provided by the Complainant on his complaint form. No request to amend his contact details was received by the WRC and no application to postpone the hearing was made to the WRC on or before 11 September 2023. As there was no appearance by the Complainant at the hearing on 11 September 2023 and as the onus to evidence the complaint lies with the Complainant, I find this complaint to be 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.
This complaint is not well founded |
Dated: 15-09-2023
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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