ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049814
Parties:
| Complainant | Respondent |
Parties | Marius Benatas | R&T Transport |
Representatives | No Appearance | Enright & Co. Solicitors |
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-00061067-001 | 18/01/2024 |
Date of Adjudication Hearing: 15/05/2024
Workplace Relations Commission Adjudication Officer: Emile Daly
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 is a complaint that the Respondent failed to issue to the Complainant terms and conditions of his employment in writing. |
Summary of Complainant’s Case:
The Complainant failed to attend the Adjudication hearing on 15 May 2024.
|
Summary of Respondent’s Case:
The Respondent attended the Adjudication hearing on 15 May 2024 and was legally represented. |
Findings and Conclusions:
The Complainant failed to attend the Adjudication hearing on 15 May 2024. The Complainant was on notice of the Adjudication hearing by WRC email dated 22 March 2024, which the Complainant acknowledged and replied to the WRC by email requesting an interpreter. An Interpreter was engaged by the WRC to provide interpretation assistance to the Complainant attended the Adjudication on 15 May 2024. I am satisfied that the Complainant was on the notice of the hearing. The WRC emailed the Complainant on 8 May 2024 seeking a list of attendees for the hearing which he did not reply to. The WRC again attempted to contact the Complainant by phone on the morning of the hearing and found that his phone number was not operative. As I am satisfied that the Complainant was on notice of the hearing on 15 May 2024 and failed to attend and did not seek an adjournment of the hearing, did not respond to WRC emails and was not contactable by phone on the morning of the hearing, in the absence of evidence being provided to prove this complaint, I find that the complaint is not well founded. |
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.
This complaint is not well founded |
Dated: 21-05-2024
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Terms and Conditions of Employment – No appearance by Complainant. |