ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00041975
Parties:
| Complainant | Respondent |
Parties | Rodrigo De Jesus Bencz | Peachtree East Peachtree Foods Limited |
Representatives | N/A | Friel Stafford. |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00052871-001 | 16/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00052871-002 | 16/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00052871-003 | 16/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012 | CA-00052871-004 | 16/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00052871-005 | 16/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00052871-006 | 16/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00052871-007 | 16/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00052871-008 | 16/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00052871-009 | 16/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00052871-010 | 16/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00052871-011 | 16/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00052871-012 | 16/09/2022 |
Dates of Adjudication Hearing: 09/08/2023 and 23/11/2023
Workplace Relations Commission Adjudication Officer: Elizabeth Spelman
Procedure:
In accordance with section 41 of the Workplace Relations Act 2015 and section 8 of the Unfair Dismissals Acts 1977-2015, 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 16 September 2022, the above complaints were received by the Workplace Relations Commission (the “WRC”). A Hearing was scheduled for 9 August 2023. However, neither Party attended. Moreover, it did not appear that Friel Stafford, the Liquidator for the Respondent, was properly on notice. A second Hearing was therefore scheduled for 23 November 2023.
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Summary of Complainant’s Case:
There was no attendance by, or on behalf, of the Complainant. |
Summary of Respondent’s Case:
There was no attendance by, or on behalf, of the Respondent. |
Findings and Conclusions:
On 4 October 2023, the Parties were notified of the Hearing arrangements by the WRC. The same letter also set out the procedure regarding postponement requests. Neither Party requested a postponement.
Having reviewed the file, I am satisfied that both Parties were on notice of the Hearing. The Complainant failed to attend the Hearing and failed to present any evidence in support of his complaints. In the circumstances, I find that 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 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.
CA-00052871-001 – Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997: For the reasons outlined above, I find that this complaint is not well founded. CA-00052871-002 – Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991: For the reasons outlined above, I find that this complaint is not well founded. CA-00052871-003 – Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997: For the reasons outlined above, I find that this complaint is not well founded. CA-00052871-004 – Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012: For the reasons outlined above, I find that this complaint is not well founded. CA-00052871-005 – Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997: For the reasons outlined above, I find that this complaint is not well founded. CA-00052871-006 – Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997: For the reasons outlined above, I find that this complaint is not well founded. CA-00052871-007 – Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946: For the reasons outlined above, I find that this complaint is not well founded. CA-00052871-008 – Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946: For the reasons outlined above, I find that this complaint is not well founded. CA-00052871-009 – Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994: For the reasons outlined above, I find that this complaint is not well founded. CA-00052871-010 – Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994: For the reasons outlined above, I find that this complaint is not well founded. CA-00052871-011 – Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977: For the reasons outlined above, I find that this complaint is not well founded. CA-00052871-012 – Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977: For the reasons outlined above, I find that this complaint is not well founded. |
Dated: 8th January 2024
Workplace Relations Commission Adjudication Officer: Elizabeth Spelman
Key Words:
Non-attendance. |