ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049646
Parties:
| Complainant | Respondent |
Parties | Martin Sumner | Nua Health Care Services Limited |
Representatives | Self-represented | IBEC |
Complaint:
Act | Complaint 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-00060344-001 | 29/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00060344-002 | 29/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005 | CA-00060344-003 | 29/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Part 14 Section 103(55M) of the Health Act, 2007 | CA-00060344-004 | 29/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00060344-005 | 29/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060344-006 | 29/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00060344-007 | 29/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060344-008 | 29/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060344-009 | 29/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060344-010 | 29/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060344-011 | 29/11/2023 |
Date of Adjudication Hearing: 1/05/24 & 07/08/2024
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015and 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 any evidence relevant to the complaints. The hearings were held in the Hearing Rooms, Workplace Relations Commission (WRC), Carlow.
Background:
The complainant attended the hearing on 1st May 2024. Ms Knox, Director of Engagement and Employee Relations, Ms Tynan, HR Generalist along with an IBEC representative attended the hearing. Although the WRC received eleven complaints, the complainant did not set out details of the complaints prior to or at the hearing. The hearing of 1st May 2024 was adjourned to allow the complainant set out the details of his complaints. On 28th May 2024, the complainant submitted several documents. These documents did not set out the details of his complaints. In these documents, the complainant stated that he was having difficulty accessing information from his former employer. He further stated that ‘I can see no reason to continue at this time, with my complaints.’ The complainant did not attend the rescheduled hearing on 7th August 2024. |
Summary of Complainant’s Case:
The complainant did not provide details of his complaints prior to or at the hearing on 1st May 2024. The hearing was adjourned to allow the complainant to detail his complaints. A submission was received although it did not provide details of his complaints. The complainant did not attend the rescheduled hearing on 7th August 2024. |
Summary of Respondent’s Case:
The respondent representatives and an IBEC representative attended the hearing on 1st May 2024. In their submission prior to the hearing, they raised several preliminary issues. One of these was that the complainant had not provided details of his complaints. The respondent representative made a supplementary submission in advance of the rescheduled hearing on 7th August. Again, the same preliminary issues were raised. The respondent representative confirmed in their submission that the respondent had provided information to the complainant, as requested. The respondent and their representative attended the rescheduled hearing on 7th August 2024. |
Findings and Conclusions:
I am satisfied that the complainant was on notice of the rescheduled hearing on 7th August 2024. I am also satisfied that the complainant was given every opportunity to provide details of his complaints. The submission made by the complainant did not provide any relevant information to support his complaints. The complainant did not attend the rescheduled hearing and failed to provide any evidence to support his complaints. Under these circumstances, as no relevant evidence was given, I find the complaints 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-00060344-001- I decide the complaint is not well founded. CA-00060344-002- I decide the complaint is not well founded. CA-00060344-003- I decide the complaint is not well founded. CA-00060344-004- I decide the complaint is not well founded. CA-00060344-005- I decide the complaint is not well founded. CA-00060344-006- I decide the complaint is not well founded. CA-00060344-007- I decide the complaint is not well founded. CA-00060344-008- I decide the complaint is not well founded. CA-00060344-009- I decide the complaint is not well founded. CA-00060344-010- I decide the complaint is not well founded. CA-00060344-011- I decide the complaint is not well founded. |
Dated: 22nd of August 2024
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
No appearance, No particulars, |