ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047379
Parties:
| Complainant | Respondent |
Parties | Krystyna Pasiak | Flexource Solutions |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
| Mark Comerford IBEC |
Complaint(s):
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-00058254-001 | 12/08/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00058254-002 | 12/08/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00058254-003 | 12/08/2023 |
Date of Adjudication Hearing: 15/05/2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 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.
The Complainant did not attend the hearing to give evidence. The Respondent attended on the day and was accompanied by their representative.
Background:
In her complaint form to the WRC, the Complainant stated that she was unfairly dismissed, that she was discriminated against on the grounds of her disability and that she did not receive her annual leave entitlements. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing to give evidence |
Summary of Respondent’s Case:
As the Complainant did not attend the hearing to give evidence, the Respondent did not give evidence. |
Findings and Conclusions:
CA-00058254-001: As the Complainant did not attend the hearing to give evidence in relation to her complaint, I find that this complaint is not well founded. CA-00058254-002: As the Complainant did not attend the hearing to give evidence in relation to her complaint, I find that she was not unfairly dismissed. CA-00058254-003: As the Complainant did not attend the hearing to give evidence in relation to her complaint, I find that she did not establish a prima facie case of discrimination and that she was therefore not discriminated against. |
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 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.
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-00058254-001: I find that this complaint is not well founded for the reasons set out above. CA-00058254-002: I find that the Complainant was not unfairly dismissed for the reasons set out above. CA-00058254-003: I find that the Complainant was not discriminated against for the reasons set out above. |
Dated: 5th of July 2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
|