ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035514
Parties:
| Complainant | Respondent |
Parties | Eoghan Clerkin | An Garda Siochana |
Representatives |
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Complaint(s):
Act | Complaint/Dispute 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-00046551-001 | 06/10/2021 |
Date of Adjudication Hearing: 01/02/2024
Workplace Relations Commission Adjudication Officer: David James Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant lodged complaints via an HR consultant who later was removed as representative from his file. After this the WRC established direct contact with the Complainant. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Findings and Conclusions:
A hearing notice was emailed to both parties on the 8th of December by the WRC. Neither party attended though Respondent representatives were at the WRC for an unrelated matter. The Respondent rep outlined that they believes that these matters were being dealt with through the Industrial Relations channels and that this specific complaint under the terms of employment act had been withdrawn. I emailed the Complainant noting that normally, where an Complainant is notified of a hearing and does not attend, the matter is deemed to fail and a decision issues on that basis. I gave the Complainant an opportunity to respond which he did, emailing “I’ll send this to my GRA rep who deals with the WRC.” A number of weeks passed and neither the Complainant nor the GRA clarified the situation. As such the complaint is deemed to fail. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
The complaint is not well founded. |
Dated: 13th March 2024
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words:
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