ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050428
Parties:
| Complainant | Respondent |
Parties | Mr Jan Linka | KD Roofing Ltd |
Representatives | The Complainant did not attend and was not represented at hearing. | Self-Represented |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00061763-002 | 26/02/2024 |
Date of Adjudication Hearing: 26/07/2024 &11/10/2024
Workplace Relations Commission Adjudication Officer: Eileen Campbell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 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. The hearing was scheduled as an in person hearing to take place in Lansdowne House.
While the parties are named in the Decision, I will refer to Mr Jan Linka as “the Complainant” and to KD Roofing Ltd as “the Respondent”.
The Complainant did not attend the hearing on 11/10/2024. The proprietor of the Respondent company Mr Kieran Duffy attended the hearing and he represented himself.
Having waited a reasonable period of time there was no appearance by or on behalf of the Complainant at hearing on 11/10/2024. I am satisfied that the Complainant was duly notified of the details of the hearing on 12/08/2024. A postponement had not been sought.
Attempts were made to contact the Complainant on the mobile phone number provided on his WRC complaint form on the morning of the hearing on 11/10/2024 to no avail.
Background:
CA-00061763-002 These matters came before the Workplace Relations Commission dated 26/02/2024. The Complainant alleges contravention by the Respondent of provisions of the above listed statute in relation to his employment with the Respondent. The aforesaid complaint was referred to me for investigation. A hearing for that purpose was scheduled to take place on 26/07/2024.
The Complainant commenced employment with the Respondent on 01/11/2022 such employment terminating on 16/02/2024.
The Complainant at all material times was employed as a sheet metal fabricator. The Complainant worked a 39-hour week for which he was paid €550.00 net. The Respondent is in the business of roof repairs; roof installations; loft conversions; and provides services both domestic and commercial.
The aforesaid matters were the subject of two hearings. The first hearing scheduled for 26/07/2024 was adjourned as the Respondent was not properly on notice of hearing. The second hearing on 11/10/2024 was attended by the Respondent and there was no appearance by or on behalf of the Complainant.
Having waited a reasonable period of the time on the day, there was no appearance by or on behalf of the Complainant. I am satisfied the Complainant was duly notified of the details of the hearing. The Complainant did not attend. A postponement had not been sought.
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Summary of Complainant’s Case:
CA-00061763-002 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 place at which the hearing to investigate the complaint would be held. There was no application for a postponement submitted in the weeks or days preceding the hearing.
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Summary of Respondent’s Case:
CA-00061763-002 The reconvened hearing was attended by the Respondent. In circumstances where the Complainant did not attend there was no requirement for evidence to be presented by the Respondent.
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Findings and Conclusions:
CA-00061763-002 I have waited a more than reasonable period of time before drafting this decision just in case the Complainant makes contact with the WRC. I am satisfied the Complainant did not make contact either immediately before the hearing, during the hearing or in the intervening period since the hearing. As of the date of this decision there has been no further communication received from or on behalf of the Complainant. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly. |
Decision:
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.
CA-00061763-002 Based on the circumstances outlined above and in the absence of any evidence to the contrary having been adduced before me, I decide this complaint is not well-founded.
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Dated: 31/10/2024
Workplace Relations Commission Adjudication Officer: Eileen Campbell
Key Words:
Complainant no appearance; |