ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047847
Parties:
| Complainant | Respondent |
Parties | Janusz Kasprzyk | Provincial Security Services |
Representatives | Did not attend the hearing | Peter Gilfedder, IBEC |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00058791-001 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00058791-004 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005 | CA-00058791-006 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00058791-007 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 9 of the Industrial Relations (Miscellaneous Provisions) Act 2004 | CA-00058791-008 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 20(1) of the Industrial Relations (Amendment) Act, 2015 | CA-00058791-009 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00058791-010 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00058791-011 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00058791-012 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00058791-013 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00058791-014 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00058791-015 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Schedule 2 of the Protected Disclosures Act, 2014 | CA-00058791-016 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Part 14 Section 103(55M) of the Health Act, 2007 | CA-00058791-017 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Schedule 2 of the Criminal Justice Act 2011 | CA-00058791-018 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00058791-019 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11A of the Protection of Employment Act 1977 | CA-00058791-020 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11A of the Protection of Employment Act 1977 | CA-00058791-021 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00058791-022 | 12/09/2023 |
Date of Adjudication Hearing: 03/04/2024
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with section 41 of the Workplace Relations Act, 2015, section 39 of the Redundancy Payments Acts 1967 – 2014, section 8 of the Unfair Dismissals Acts 1977 – 2015 and section 79 of the Employment Equality Acts 1998 - 2015, these complaints were assigned to me by the Director General. A hearing was arranged for Wednesday, April 3rd 2024 at 9.30am, for the parties to present evidence in relation to the complaints. Provincial Security Services was represented by Mr Peter Gilfedder of IBEC and he was accompanied by the HR director, Ms Anthea Lalor and the chief executive officer, Mr Robert Dunleavy. A Polish interpreter, Mr Adam Brozynski, attended to assist the complainant. However, the complainant, Mr Janusz Kasprzyk, did not attend. I understand that on Tuesday, April 2nd, he contacted the WRC and sought an adjournment of the hearing because he was on holidays abroad. He said that he didn’t receive notification of the date of the hearing.
I checked the case file and I noted that a letter was sent to the complainant by registered post on March 4th 2024, notifying him of the date and time of the hearing on April 3rd. The letter was not returned to the WRC. I am satisfied therefore, that he had four weeks’ notice of the hearing. An email was sent to him on March 14th 2024, notifying him of the name of the employer’s representative. There is no evidence that the email was not received. I am satisfied that the complainant was informed in writing of the date and time at which the hearing to investigate his complaints would be held. I find that it was unreasonable and a waste of the resources of the WRC that he did not attend. The adjournment is refused.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 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.
In the circumstances in which the complainant did not attend the hearing, and in the absence of any evidence to the contrary having been submitted, I must conclude that these complaints are not well founded and I decide accordingly. |
Dated: 10-04-2024
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
The complainant did not attend the hearing. |