ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046976
Parties:
| Complainant | Respondent |
Parties | Olubunmi Daramola | Blue Space Business Management Ltd. |
Representatives | Not represented | Paul Gough, Beauchamps |
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-00057800-001 | 19/07/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00057800-002 | 19/07/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00057800-003 | 19/07/2023 |
Date of Adjudication Hearing: 09/02/2024
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with section 79 of the Employment Equality Acts 1998 – 2015 and section 41 of the Workplace Relations Act, these complaints were assigned to me by the Director General. A hearing was arranged for February 9th 2024 at 10.00am, for the parties to present evidence in respect of the complaints. Blue Space Business Management Limited was represented by Mr Paul Gough of Beauchamps Solicitors. Three members of the company’s management team attended to give evidence in response to Ms Daramola’s complaints. By 10.30am, however, Ms Daramola had not arrived and she did not telephone the WRC to explain her non-attendance. Having checked the correspondence on her file, I am satisfied that, on December 18th 2023, she was informed in writing of the date and time at which the hearing to investigate her complaints would be held and that she was also informed of the venue in which the hearing would take place.
Decisions:
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.
In the circumstances where Ms Daramola did not attend the hearing and, in the absence of any evidence to the contrary having been adduced before me, I must conclude that this complaint under the Unfair Dismissals Act 1977 – 2015 is not well-founded and I decide accordingly. |
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 accordance with Section 79 of the Employment Equality Act, I am obliged to hold a hearing. I am satisfied that Ms Daramola was notified of the arrangements for the hearing on February 9th 2024, and I find that her failure to attend was unreasonable. In these circumstances, any obligation to pursue an investigation in accordance with Section 79 of the Act has ceased. As Ms Daramola did not attend the hearing to present evidence in support of her allegations of discrimination, I conclude the investigation and find against her. |
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.
In the circumstances in which Ms Daramola did not attend the hearing, and in the absence of any evidence to the contrary having been submitted, I must conclude that this complaint under the Payment of Wages Act 1991 is not well-founded and I decide accordingly. |
Dated: 19-02-2024
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
The complainant did not attend the hearing. |