ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046443
Parties:
| Complainant | Respondent |
Parties | Teresa Tyler | Legal Aid Board |
Representatives | No Appearance | MP Guinness BL instructed by Holmes O'Malley Sexton Solicitors |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00057276-001 | 21/06/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00057276-002 | 21/06/2023 |
Date of Adjudication Hearing: 04/12/2024
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
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:
There was no appearance by the Complainant.
The Respondent appeared with witnesses. |
Summary of Complainant’s Case:
The Complaint Form was received by Workplace Relations Commission on 21 June 2023. No submissions were received from the Complainant. There was a serious of adjournments in this case. The Complainant made an application in advance of this hearing on the basis of work commitments. It was refused. The Complainant appealed and it was again refused. After waiting a reasonable period of time, there was no appearance by the Complainant. |
Summary of Respondent’s Case:
The Respondent attended at the hearing along with its witnesses. Detailed submissions were received in February 2024. It was submitted that the Complainant was active in the workplace with her colleagues, she had a for mention court appearance this morning which could be covered by a colleague, and she had not requested an annual leave day to attend the hearing. |
Findings and Conclusions:
Having reviewed the file, I am satisfied the Complainant was on notice of the hearing. There was engagement via email with the Complainant in recent days together with numerous efforts were also made to follow up via phone with the Complainant. In the circumstance where the Complainant has failed to attend the hearing despite being on notice and present her evidence to support her complaints, I find she was not discriminated against by the Respondent nor is the payment of wages complaint 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.
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-00057276-001 I find the complaint is not well founded. CA-00057276-002 I find she was not discriminated against by the Respondent. |
Dated: 05/12/2024
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
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