ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049331
Parties:
| Complainant | Respondent |
Parties | Janus Bovgerd | LSW Transport Limited |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
| AD'REME SOLICITORS |
Complaint(s):
Act | Complaint | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00060523-001 | 13/12/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060523-002 | 13/12/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060523-003 | 13/12/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00060523-004 | 13/12/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060523-005 | 13/12/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00060523-006 | 13/12/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00060523-007 | 13/12/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00060523-010 | 13/12/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060523-011 | 13/12/2023 |
Date of Adjudication Hearing: 25/09/2024
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 8 of Unfair Dismissals Act 1977 and Section 79 of the Employment Equality Acts, 1998 - 2015following 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.
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
The respondent attended the hearing together with its witnesses. |
Findings and Conclusions:
As part of my investigation, I am obliged to hold a hearing. I am satisfied that the complainant was notified of the arrangements for the hearing. I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints 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.
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.
Based on the circumstances outlined above and in the absence of any evidence to the contrary having been adduced before me, I conclude that the within complaints are not well-founded. |
Dated: 2nd October 2024
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Non-attendance at hearing |