Adjudication Reference: ADJ-00041020
Parties:
| Complainant | Respondent |
Parties | Karen McWilliams | National Ambulance Service |
| Complainant | Respondent |
Anonymised Parties |
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Representatives | The complainant did not attend and was not represented at the hearing | Derek Scott |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012 | CA-00053123-001 | 31/07/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00053123-002 | 31/07/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00053123-003 | 31/07/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00053123-004 | 31/07/2022 |
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Date of Adjudication Hearing: 27/03/2023
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 25 of the Protection of Employees (Temporary Agency Work)Act 2012 and/or Section 7 of the Terms of Employment(Information) Act 1994 and/or Section 6 of the Payment of Wages Act 1991 and or Section 8 of the Unfair Dismissals Act 1977 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).
Summary of Complainant’s Case:
The complainant did not attend and was not represented at the hearing. |
Summary of Respondent’s Case:
The respondent submitted written submissions on the complaint and attended the hearing with witnesses who were available to give evidence in relations to the complaint . |
Findings and Conclusions:
The complainant was notified of the hearing on the 15th.February 2023.She sought a postponement on the 21st.March and was notified that the application was refused on the 21st.March 2023 by the WRC.On the day of the hearing , the concierge contacted the claimant to establish if she was having difficulty connecting to the Webex Platform.The complainant stated that she had forgotten about the hearing and could not attend as she was at work.She subsequently sought the reconvening of the hearing on the 19th.April 2023. In light of the foregoing timeline of events and having considered the submissions from the complainant on a request to reconvene the hearing , I find that the complainant has failed to meet the test set out in the WRC Guidelines for an adjournment i.e. ‘exceptional circumstances and substantial reasons’. |
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 25 of the Protection of Employees Temporary Agency Work Act , 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I am satisfied that the claimant was duly notified of the date time and place at which the hearing to investigate the complaint would be held. The claimant did not attend and did not offer any compelling grounds to justify her absence. 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.
Section 7 of the Terms of Employment (Information) Act , 1994 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I am satisfied that the claimant was duly notified of the date time and place at which the hearing to investigate the complaint would be held. The claimant did not attend and did not offer any compelling grounds to justify her absence. 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.
Section 6 of the Payment of Wages Act 1991, requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I am satisfied that the claimant was duly notified of the date time and place at which the hearing to investigate the complaint would be held. The claimant did not attend and did not offer any compelling grounds to justify her absence. 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.
Section 8 of the Unfair Dismissals Act 1977 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I am satisfied that the claimant was duly notified of the date time and place at which the hearing to investigate the complaint would be held. The claimant did not attend and did not offer any compelling grounds to justify her absence. 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 decided accordingly.
Dated: 28/01/2025
Workplace Relations Commission Adjudication Officer: Emer O'Shea