ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049267
Parties:
| Complainant | Respondent |
Parties | Kellie Murphy | Arboretum Ltd |
Representatives | Self-represented | Tom Smyth & Associates |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00059756-003 | 01/11/2023 |
Request for an investigation by a Workplace Relations Commission Inspector under the Organisation of Working Time Act, 1997 | CA-00059756-004 | 01/11/2023 |
Request for an investigation by a Workplace Relations Commission Inspector under the Organisation of Working Time Act, 1997 | CA-00059756-005 | 01/11/2023 |
Date of Adjudication Hearing: 30/10/2024
Workplace Relations Commission Adjudication Officer: Seamus Clinton
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 and to present any evidence relevant to the complaints. The hearing was a remote hearing. Representatives of the respondent attended the hearing. As the complainant was not in attendance, I delayed the commencement of the hearing for 15 minutes. The complainant did not attend the hearing.
Background:
The complainant submitted three complaints (as above) which were received by the Workplace Relations Commission (WRC) on 1st November 2023. On 20th December 2023, the complainant wrote to the WRC requesting that complaint CA-00059756-003 (Equality Complaint) be removed. She also requested that CA-00059756-004 & CA-00059756-005 (Working Time Complaints) be forwarded to the Inspectorate Section of the WRC. On 24th December 2023, the complainant again wrote to the WRC to disregard the earlier request of 20th December 2023 and re-instate complaints CA-00059756-003 (Equality Complaint) and CA-00059756-004 & CA-00059756-005 (Working Time Complaints). |
Summary of Complainant’s Case:
The complainant did not attend the hearing to make out her complaints. I am satisfied that she was on notice of the hearing arrangements. |
Summary of Respondent’s Case:
The respondent representative submitted a detailed submission in advance of the hearing. Representatives of the respondent and the the hearing. |
Findings and Conclusions:
I am satisfied that the complainant was on notice of the scheduled hearing on 30th October 2024. The complainant did not attend the hearing to make out her complaints. Under these circumstances, as no evidence was provided, I find the complaints are not well founded. |
Decision:
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.
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.
CA-00059756-003- I decide the complaint is not well founded. CA-00059756-004- I decide the complaint is not well founded. CA-00059756-005- I decide the complaint is not well founded. |
Dated: 12th of December 2024
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Equality, Organisation of Working Time, No attendance |