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ADJ-00032467

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00032467

Parties:

	Complainant	Respondent
Parties	Andrei Bernea	One Way Street Limited

Representatives

Kevin O'Gorman & Co. Solicitors

Thomas Ryan Peninsula

Complaint(s):

Act	Complaint/Dispute 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-00043005-001	11/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00043005-002	11/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00043005-004	11/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00043005-005	11/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00043005-006	11/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00043005-007	11/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00043005-008	11/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00043005-009	11/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00043005-010	11/03/2021

Date of Adjudication Hearing: 18/09/2023 and 16/11/2023

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 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.

The hearing was initially scheduled for 18 September 2023 and both the Respondent as well as the Complainant were in attendance along with their representatives. As the Complainant had not furnished any submissions in advance of the hearing however, a decision was made to adjourn the matter. The hearing was subsequently rescheduled for 16 November 2023. The Respondent along with their representative attended on the day. There was no attendance by or on behalf of the Complainant however.

Background:

The Complainant was employed as a kitchen porter by the Respondent from 6 January 2019 and was paid a salary of €404 per week. Further to his employment ending on 27 December 2020, he made a number of complaints to the Workplace Relations Commission that his employment rights had been breached.

Summary of Complainant’s Case:

The Complainant did not attend on the day of the resumed hearing to give evidence.

Summary of Respondent’s Case:

As the Complainant did not attend on the day of the resumed hearing to give evidence, the Respondent did not give evidence.

Findings and Conclusions:

CA-00043005-001:

As the Complainant did not attend on the day of the resumed hearing to give evidence, I find that this complaint is not well founded.

CA-00043005-002:

As the Complainant did not attend on the day of the resumed hearing to give evidence, I find that this complaint is not well founded.

CA-00043005-004:

As the Complainant did not attend on the day of the resumed hearing to give evidence, I find that this complaint is not well founded.

CA-00043005-005:

As the Complainant did not attend on the day of the resumed hearing to give evidence, I find that this complaint is not well founded.

CA-00043005-006:

As the Complainant did not attend on the day of the resumed hearing to give evidence, I find that this complaint is not well founded.

CA-00043005-007:

As the Complainant did not attend on the day of the resumed hearing to give evidence, I find that this complaint is not well founded.

CA-00043005-008:

As the Complainant did not attend on the day of the resumed hearing to give evidence, I find that he was not unfairly dismissed

CA-00043005-009:

As the Complainant did not attend on the day of the resumed hearing to give evidence, I find that he was not discriminated against.

CA-00043005-010:

As the Complainant did not attend on the day of the resumed hearing to give evidence, I find that he was not unfairly dismissed.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

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-00043005-001: