ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055826
Parties:
| Complainant | Respondent |
Parties | Hilary Igbinomwanhia | Trib3 Fitness Ireland Limited |
Representatives |
| Harry McCreery, Owner |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00068005-001 | 11/12/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00068005-002 | 11/12/2024 |
Date of Adjudication Hearing: 14/02/2025
Workplace Relations Commission Adjudication Officer: Monica Brennan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following 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.
Background:
The complaint was received by the Director General of the Workplace Relations Commission on 11th December 2024. The complaint form stated that it was in relation to not receiving statutory minimum period of notice and paid Annual Leave entitlements.
A hearing was scheduled for 10am on Friday 14th February, 2025 in Lansdowne House, Ballsbridge, Dublin 4.
At the time of the hearing, the Respondent was present but there was no appearance by the Complainant.
I verified that the Complainant was on notice of the date, time and venue of the hearing and waited some time to accommodate a late arrival. I called the phone number that the Complainant had provided but there was no answer and no option to leave a voicemail. |
Summary of Complainant’s Case:
The Complainant did not attend the adjudication hearing and was not represented. Notice of the hearing arrangements was sent to the Complainant on 9th January 2025. |
Summary of Respondent’s Case:
The Respondent provided written notice in advance of the hearing that all entitlements had been paid. |
Findings and Conclusions:
The hearing was scheduled for 10am on Friday 14th February 2025. At the appointed time, there was no appearance by the Complainant. I satisfied myself that she was on notice of the date, time and location of the hearing. I also made attempts to contact the Complainant and allowed 20 minutes for any late arrival. In the circumstances and in the absence of direct evidence, I must conclude that the complaints are not well-founded. |
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.
As set out above, in all of the circumstances, I must conclude that the within complaints are not well-founded and I decide accordingly. |
Dated: 05 March 2025
Workplace Relations Commission Adjudication Officer: Monica Brennan
Key Words:
Non appearance |