ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052986
Parties:
| Complainant | Respondent |
Parties | Evgenia Gerevich | T - Nails Spa And Beauty |
Representatives | No attendance | No attendance |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00064872-001 | 15/07/2024 |
Date of Adjudication Hearing: 08/10/2024
Workplace Relations Commission Adjudication Officer: Janet Hughes
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 gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
On the complaint form the Complainant gave details of her complaint. She marked the box ‘that my employer is not keeping statutory employment records’. In the body of the form, she referred to her employer as not providing her with an official position. Under the options to choose, the terms of S.I. No 36/2012 as set out above are indicated but the relevant box is not marked. On 22 July 2024, the WRC posted a notice to the Complainant to the address provided indicating the legislation under which the complaint has generated a specific complaint. That document was returned to the WRC by An Post as insufficient address. That notice was not reissued by the WRC. However, the WRC did email the notice of the hearing to the Complainant at the address provided. A notice of the hearing was issued to the Respondent by post. There was no further contact from either party thereafter. The WRC did attempt to contact both parties to provide the link for the hearing but were unable to do so. Neither party attended the scheduled hearing. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing to provide evidence in support of her complaint. |
Summary of Respondent’s Case:
There was no contact with the WRC by the Respondent |
Findings and Conclusions:
As the Complainant failed to attend the hearing and as I am satisfied that every reasonable effort was made by the WRC to advise the Complainant of the date of the hearing, the complaint cannot be investigated and cannot therefore succeed. |
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.
CA-00064872-001 Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 As no evidence was presented by the Complainant Eugenia Gerevich in support of her complaint against the Respondent T-Nails Spa and Beauty, I decide the complaint is not well founded. |
Dated: 14th October 2024.
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
No appearance |