Adjudication Reference: ADJ-00045162
Parties:
| Complainant | Respondent |
Parties | Xhyher Joe Kulla | Lucan Spa Hotel |
Representatives |
| David Kearney HR Brief |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
| CA-00034181-001 | 03/02/2020 |
| CA-00034181-003 | 03/02/2020 |
| CA-00034181-004 | 03/02/2020 |
| CA-00034181-005 | 03/02/2020 |
| CA-00034181-006 | 03/02/2020 |
| CA-00034181-007 | 03/02/2020 |
| CA-00034181-008 | 03/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00034181-009 | 03/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00034181-010 | 03/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00034181-011 | 03/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act | CA-00034181-012 | 03/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act | CA-00034181-013 | 03/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act | CA-00034181-014 | 03/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00034181-015 | 03/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00034181-016 | 03/02/2020 |
Date of Adjudication Hearing: 08/02/2024
Workplace Relations Commission Adjudication Officer: David James Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012, and/or Part VII of the Pensions Acts 1990 - 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations Acts 1969] 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:
In 2020 the Complainant submitted a partially completed written complaint form to the WRC. The WRC replied requesting that he clarify a number of complaints. He failed to respond to this communication.
In March 2023 the WRC wrote to the Complainant again asking him to respond and noting that “ should you fail to respond to this letter within 21 days, in accordance with Section 48 of the Workplace Relations Act 2015, the Director General may decide to strike out the above complaint on the basis that you have not pursued the matter within the past 12 months.”
The Complainant again didn’t respond and the WRC proceeded to schedule a hearing for February 2024.
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Summary of Complainant’s Case:
The Complainant did not attend the hearing. |
Summary of Respondent’s Case:
The Respondent attended the hearing. They were unaware of the complaints until later 2023. The Complainant had only worked for them for a few weeks in 2019. They had difficulty preparing any sort of response to what were unclear and historic complaints. |
Findings and Conclusions:
The Complainant was notified of the hearing at the address he provided to the WRC and did not attend the hearing. In the four years since he submitted his complaints he showed no interest in pursuing them or responding to the WRC’s reasonable requests for clarity. In the circumstances the complaints must 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.
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.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
The complaints are not well founded. |
Dated: 31/10/2024
Workplace Relations Commission Adjudication Officer: David James Murphy