ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050461
Parties:
| Complainant | Respondent |
Parties | Mr Graham Barnwell | OCS One Complete Solution Ltd |
| Complainant | Respondent |
Anonymised Parties |
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Representatives | The Complainant did not attend and was not represented at hearing. | Ms Naledi Bisiwe IBEC |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00061524-001 | 06/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00061524-002 | 06/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00061524-003 | 23/02/2024 |
Date of Adjudication Hearing: 27/06/2024
Workplace Relations Commission Adjudication Officer: Eileen Campbell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 79 of theEmployment 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. In the instant case there was only one party as the Complainant did not attend. The hearing was scheduled to be conducted in person in Lansdowne House.
While the parties are named in the Decision I will refer to Mr Graham Barnwell as “the Complainant” and to OCS One Complete Solution Ltd as “the Respondent”.
The Complainant did not attend and was not represented at the hearing. The Respondent attended the hearing represented by Ms Naledi Bisiwe IBEC. Mr Vincent Galvin attended on behalf of the Respondent company.
Having waited a reasonable period of time there was no appearance by or on behalf of the Complainant at hearing on 07/06/2024. I am satisfied that the Complainant was duly notified of the date, time and venue of the hearing. A postponement had not been sought.
Background:
CA-00061524-001 CA-00061524-002 CA-00061524-003 These matters came before the Workplace Relations Commission dated 06/02/2024 and 23/02/2024 respectively. The Complainant alleges contraventions by the Respondent of provisions of the above listed statutes in relation to his employment with the Respondent. The aforesaid complaints were referred to me for investigation. A hearing for that purpose was scheduled to take 27/06/2024.
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Summary of Complainant’s Case:
CA-00061524-001/2/3 The Complainant did not attend the hearing. |
Summary of Respondent’s Case:
CA-00061524-001/2/3 The Respondent filed a written submission in advance of the hearing and indicated that it had settled this matter with the Complainant directly. |
Findings and Conclusions:
CA-00061524-001/2/3 I have waited a more than reasonable period of time before drafting this decision just in case the Complainant makes contact with the WRC. I am satisfied the Complainant did not make contact either immediately before the hearing, during the hearing or in the intervening period since the hearing. As of the date of this decision there has been no further communication received from or on behalf of the Complainant. As part of my investigation, I am obliged to hold a hearing. There was no appearance by the Complainant at the hearing or explanation for his absence. I am satisfied the Complainant was notified of the hearing but it would appear he opted not to attend in circumstances where his dispute with his employer was otherwise settled as between the parties. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaints are not well-founded and I decide accordingly.
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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 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-00061524-001 CA-00061524-002 CA-00061524-003 For the reasons stated above I decide the complaints are not well-founded. |
Dated: 25th of July 2024
Workplace Relations Commission Adjudication Officer: Eileen Campbell
Key Words:
no appearance by Complainant; settled as between the parties; |