ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047215
Parties:
| Complainant | Respondent |
Parties | Janis Logins | Aircon Mech Ltd |
Representatives | No Appearance | Mr. Robin McKenna, IBEC |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00058078-001 | 01/08/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00058078-002 | 01/08/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 23 of the Industrial Relations (Amendment) Act, 2015 | CA-00058078-003 | 01/08/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00058078-004 | 01/08/2023 |
Date of Adjudication Hearing: 07/06/2024
Workplace Relations Commission Adjudication Officer: Brian Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015,following 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:
On 1st August 2023, the Complainant referred the present set of complaints to the Commission. A hearing in relation to the same was convened for, and finalised on, 7th June 2024. Following the referral of the complaint form, the Complainant did not issue a submission in accordance with the Commission’s guidelines and did not attend the hearing as scheduled. |
Summary of the Complainant’s Case:
The Complainant did not attend the hearing as scheduled. Having reviewed the file, it is apparent that the Complainant was informed of the date, time and venue of the hearing. No application for adjournment was received prior to the hearing, and no explanation as to his non-attendance was received thereafter. In such circumstances the hearing proceeded in the absence of the Complainant. |
Summary of the Respondent’s Case:
The Respondent indicated that the were fully prepared to defend the allegations raised by the Complainant. In this regard, they had issued an extensive submission, with supporting documentation, in advance of the hearing. The Respondent attended the hearing with all relevant witnesses required to defend the allegations raised by the Complainant. In circumstances whereby the Complainant did not attend, they submitted that the complaints must fail. |
Findings and Conclusions:
In August 2023, the Complainant realised various allegations in relation to the Respondent’s breach of various legislative provisions. While the complaint form set out some basic detail in relation to these complaints, no further submission was received from the Complainant in respect of the same. Crucially, the Complainant failed to attend a hearing whereby he might provide sworn evidence in support of his complaints as submitted. Having regard to the foregoing, and in light of the Complainant failure to attend the hearing to prosecute his complaints, I find that the same are not well founded. |
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 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.
CA-00058078-001 Complaint under the Payment of Wages Act I find that the complaint is not well-founded. CA-00058078-002 Complaint under the Payment of Wages Act I find that the complaint is not well-founded. CA-00058078-003 Complaint under the Industrial Relations (Amendment) Act I find that the complaint is not well-founded. CA-00058078-004 Complaint under the Employment Equality Act I find that the Complainant was not discriminated against. |
Dated: 19-08-2024
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance |