ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054130
Parties:
| Complainant | Respondent |
Parties | Florin Ionut Uscatu | Donnelly Engineering Services Limited |
Representatives | Did not attend the hearing | Represented by a director and the company secretary |
Complaint:
Act | Complaint 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-00065993-001 | 15/09/2024 |
Date of Adjudication Hearing: 17/02/2025
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
This complaint was submitted to the WRC on September 15th 2024 and, in accordance with Section 41 of the Workplace Relations Act, it was assigned to me by the Director General. A hearing was arranged for February 17th 2025, for the parties to be heard and to present evidence in relation to the complaint; however the complainant, Mr Florin Uscatu, did not attend. Donnelly Engineering Services Limited trades as Deco Engineering and the company was represented by a director, Mr Darren Monaghan and the company secretary, Ms Lorraine Monaghan.
Background:
The respondent is an Irish-registered company with contracts to provide electrical engineering services to projects across Europe. On the form he submitted to the WRC, the complainant stated that he lives in Romania. From February 19th until April 6th 2024, he said that he worked for the respondent on a project in France. At the hearing, the company director, Mr Monaghan, informed me that the complainant was employed as a contract electrician for six weeks on a project in France and that he was paid €28 per hour. He carried out no work in Ireland and he was not registered as an employee for the purposes of tax or social insurance. From the correspondence submitted by the complainant in advance of the hearing of this complaint, it seems to me that he may have expected the WRC to conduct an investigation without him having to attend a hearing. I am satisfied however, that, on December 16th 2024, he received a letter by email notifying him that the hearing would take place in Lansdowne House in Dublin 4 on February 17th 2025. As he did not attend the hearing, I am unable to proceed with my investigation. |
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.
In the circumstances in which the complainant did not attend the hearing, and in the absence of any evidence to the contrary having been submitted, I must conclude that this complaint is not well-founded and I decide accordingly. |
Dated: 24.02.25
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Complainant did not attend the hearing. |