ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045268
Parties:
| Complainant | Respondent |
Parties | Darius Pivoras | Provincial Security Services Limited |
Representatives | None and No Attendance at Hearing | IBEC |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 6 of the Payment of Wages Act 1991 | CA-00055728-001 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act 1946 | CA-00055728-002 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00055728-003 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act 1997 | CA-00055728-004 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act 1997 | CA-00055728-006 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act 1997 | CA-00055728-008 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act 1997 | CA-00055728-011 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act 1946 | CA-00055728-013 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act 2003 | CA-00055728-019 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 18 of the Parental Leave Act 1998 | CA-00055728-020 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 41 of the Workplace Relations Act 2015 | CA-00055728-021 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 41 of the Workplace Relations Act 2015 | CA-00055728-022 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act 1997 | CA-00055750-002 | 27/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act 1997 | CA-00055750-004 | 27/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act 1946 | CA-00055750-005 | 27/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act 1946 | CA-00055750-006 | 27/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act 1997 | CA-00055750-007 | 27/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act 2005 | CA-00055750-009 | 27/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 77 of the Employment Equality Act 1998 | CA-00055750-010 | 27/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 20(1) of the Industrial Relations (Amendment) Act 2015 | CA-00055750-011 | 27/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 7 of the Terms of Employment (Information) Act 1994 | CA-00055750-012 | 27/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act 1997 | CA-00055750-013 | 27/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act 1997 | CA-00055750-014 | 27/03/2023 |
Complaint for adjudication by the Workplace Relations Commission under Section 85C of the Employment Equality Act 1998 | CA-00055750-015 | 27/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act 1997 | CA-00055750-016 | 27/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act 1997 | CA-00055750-017 | 27/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act 1997 | CA-00055750-018 | 27/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Schedule 2 of the Protected Disclosures Act 2014 | CA-00055750-019 | 27/03/2023 |
Date of Adjudication Hearing: 21/06/2024
Workplace Relations Commission Adjudication Officer: Aideen Collard
Procedure:
These complaints were referred under Section 41 of the Workplace Relations Act 2015 and/or Section 79 of the Employment Equality Acts 1998-2015 to the Workplace Relations Commission (hereinafter ‘WRC’) on 26th & 27th March 2023. Following delegation to me by the Director General, I inquired into these complaints and gave the Parties an opportunity to be heard and to present any relevant evidence. These complaints were listed for hearing in Lansdowne House on 21st June 2023. A Representative from IBEC and HR Personnel attended on behalf of the Respondent. There was no attendance on behalf of the Complainant. Before commencing the hearing, I allowed a period of time to elapse and confirmed with the Administrative Section that there had been no application for an adjournment and no difficulty attending had been indicated by or on behalf of the Complainant.
Before excusing the Respondent, I indicated that I would allow until 28th June 2024 for the Complainant to contact the WRC with an explanation for his non-attendance and to apply for a further hearing date. I confirmed that in the event of such an application, the Respondent would be afforded an opportunity to make submissions and that any such application would have to be vouched and considered on its merits. In circumstances where no further contact has been made by or on behalf of the Complainant by 28th June 2024, I have proceeded to issue my decision herein.
Summary of Complainant’s Case:
The Complainant has referred numerous complaints to the WRC arising from a former employment relationship with the Respondent. It is noted that the complaints did not include any details in the ‘Complaint Specific Details or Statement’ sections and in many instances the referral provisions do not tally with the complaint made. The burden of proof rested with the Complainant in relation to all of these complaints. The Complainant did not attend at the hearing on the scheduled hearing date to pursue these complaints or give evidence in discharge of the onus of proof. Nor were any written submissions or supporting documentation submitted by or on behalf of the Complainant.
Summary of Respondent’s Case:
In advance of the hearing, comprehensive written submissions and documentation in rebuttal of these complaints was submitted to the WRC on behalf of the Respondent. Amongst other arguments, it was contended that these complaints were frivolous and vexatious. The Respondent’s Representative and witnesses were all also in attendance and prepared to meet these complaints.
Decisions on Complaint Refs: CA-00055728-001, 002, 003, 004, 006, 008, 011, 013, 019, 020, 021 & 022 and CA-00055750-002, 004, 005, 006, 007, 009, 011, 012, 013, 014, 016, 017, 018 & 019:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to these complaints. Complainants are required to attend the hearing of their complaint/s to pursue same. I am satisfied that a letter dated 25th April 2024 had issued to the Complainant at the email address provided, confirming the date, venue and time of the hearing, and further, that he did not contact the WRC to seek a postponement or indicate any difficulty attending. A reasonable period of time has elapsed since the hearing before issuing this decision, to allow for the Complainant to contact the WRC with an explanation for his non-attendance but no such contact has been made to date.
In all the circumstances, I find the Complainant’s non-attendance at the hearing to pursue these complaints to be unreasonable and an abandonment of same. Furthermore, the onus of proof rests with the Complainant in relation to all of the complaints. In the absence of any evidence being adduced by or on behalf of the Complainant, I find that these complaints are not well-founded.
Decisions on Complaint Refs: CA-00055750-010 & CA-00055750-015:
Section 79 of the Employment Equality Acts 1998-2015 requires that I make a decision in relation to each these complaints. In the absence of any evidence being adduced by or on behalf of the Complainant, I find that a prima facie case of discrimination in respect of Complaint Ref: CA-000055750-010 has not been made out against the Respondent. In the absence of any evidence being adduced by or on behalf of the Complainant, I find that a prima facie case of victimisation in respect of Complaint Ref: CA-000055750-015 has not been made out against the Respondent.
Dated: 16th July 2024.
Workplace Relations Commission Adjudication Officer: Aideen Collard