ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048597
Parties:
| Complainant | Respondent |
Parties | Akhmed Hadzhauiev | Fabricated Products Ltd |
Representatives | No attendance by, or on behalf of, the Complainant | Operations Manager & Financial Controller |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00059633-001 | 26/10/2023 |
Date of Adjudication Hearing: 05/03/2024 & 13/06/2024
Workplace Relations Commission Adjudication Officer: Marie Flynn
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
This complaint was the subject of two adjudication hearings. The first hearing took place on 5 March 2024. The hearing was adjourned when it became apparent that the Complainant required the assistance of an interpreter to enable him to participate fully in the proceedings. The second hearing took place on 13 June 2024. The WRC arranged for an interpreter to be present at the hearing. The Complainant did not attend the hearing. |
Summary of Complainant’s Case:
There was no appearance by 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:
The adjudication hearing was attended by the Operations Manager and the Financial Controller of the Respondent organisation. In circumstances where the Complainant did not attend the hearing there was no requirement for evidence to be presented by the Respondent’s representatives. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations commission from the Complainant on 26 October 2023 alleging that the Respondent contravened the provisions of the Terms of Employment (Information) Act, 1994 in relation to him. The complaint was referred to me for investigation. A hearing for that purpose was held on 13 June 2024. There was no appearance by 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 this complaint is 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.
I declare that this complaint is not well founded. |
Dated: 21st June 2024
Workplace Relations Commission Adjudication Officer: Marie Flynn
Key Words:
No appearance by Complainant |