ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003311
Complaint for Resolution:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 30 and 31 of the Maternity Protection Act 1994 | CA-00004932-001 | 30th May 2016 |
Date of Adjudication Hearing: 22nd July 2016
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 30th May 2016, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Maternity Protection Act. The complainant is a restaurant supervisor and the respondent is a hotel.
The complaint was scheduled for adjudication on the 22nd July 2016. At the time the adjudication was scheduled to commence, there was no appearance by or on behalf of the complainant. I verified that the complainant was on notice of the adjudication and waited some time to accommodate a late arrival. I was satisfied as to notice and there was no appearance at any stage by the complainant. The hearing therefore proceeded in the complainant’s absence. The respondent was represented by Michael McGrath, IBEC and two witnesses appeared for the respondent.
In accordance with Section 41(4) of the Workplace Relations Act, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Given that there was no appearance by or on behalf of the complainant, the complaint fails for want of prosecution.
Decision:
Section 41(4) 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.
Given that there was no appearance by or on behalf of the complainant, the complaint made pursuant to the Maternity Protection Act fails for want of prosecution.
Dated: 17th April 2016