ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045895
| Complainant | Respondent |
Anonymised Parties | Early Years Educator | Child Services Provider |
Representatives | No attendance by, or on behalf of, the Complainant | Peninsula Business Services Ireland |
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-00056656-001 | 12/05/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00056656-002 | 12/05/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004 | CA-00056656-005 | 12/05/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00056656-006 | 12/05/2023 |
Date of Adjudication Hearing: 29/05/2024
Workplace Relations Commission Adjudication Officer: Marie Flynn
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 – 2015 and Part VII of the Pensions Acts 1990 - 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 accordance with the Workplace Relations (Miscellaneous Provisions) Act 2021, hearings before the Workplace Relations Commission are now held in public and, in most cases, decisions are no longer anonymised. However, I have taken the decision to anonymise the parties to this complaint due to the possibility that naming the parties in this case may compromise the privacy of an associated Industrial Relations recommendation.
Background:
A complaint was received by the Director General of the Workplace Relations commission from the Complainant on 12 May 2023 alleging that the Respondent contravened the provisions of the Unfair Dismissals Act 1977, the Pensions Act 1990, and the Payment of Wages Act 1991 in relation to her. |
Summary of Complainant’s Case:
There was no appearance by, or on behalf of, the Complainant at the adjudication hearing. I am satisfied the Complainant was notified in writing of the date, time and location of the adjudication hearing to investigate the complaint. There was no application for a postponement submitted in the period preceding the hearing. |
Summary of Respondent’s Case:
In circumstances where the Complainant did not attend the hearing there was no requirement for evidence to be presented by the Respondent’s representative. |
Findings and Conclusions:
There was no appearance by, or on behalf of, the Complainant at the hearing. I am satisfied that the Complainant was informed in writing of the date, time and location of the hearing to investigate the complaint. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that these complaints are not well founded, and I decide accordingly. |
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.
Part VII of the Pensions Acts, 1990 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Part.
CA-00056656-001 – Complaint under Section 8 of the Unfair Dismissals Act, 1977 I find that this complaint is not well founded.
CA-00056656-002 – Complaint under Section 8 of the Unfair Dismissals Act, 1977 I find that this complaint is not well founded.
CA-00056656-005 – Complaint under section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004 I find that this complaint is not well founded.
CA-00056656-006 – Complaint under section 6 of the Payment of Wages Act, 1991 I declare that this complaint is not well founded. |
Dated: 24/06/2024
Workplace Relations Commission Adjudication Officer: Marie Flynn
Key Words:
No attendance by, or on behalf of, the Complainant |