ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010948
Parties:
| Complainant | Respondent |
Anonymised Parties | A massage therapist | A massage parlour |
Representatives | Danielle Sochan, Clondalkin and Lucan Citizens Information Centre |
|
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-00014590-001 | 27/09/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00014590-002 | 27/09/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00014590-003 | 27/09/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00014590-004 | 27/09/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00014590-006 | 27/09/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00014590-007 | 27/09/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00014590-008 | 27/09/2017 |
Date of Adjudication Hearing: 12/01/2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015, these complaints have been assigned to me by the Director General. I conducted a hearing on January 12th 2018 and gave the parties an opportunity to present to me any evidence relevant to the complaints.
Background:
On September 27th 2017, the complainant submitted the seven complaints set out above to the WRC. Having commenced employment as a massage therapist on February 11th 2017, she was employed with the respondent for just less than seven weeks, as she was dismissed on March 30th. On December 20th 2017, Ms Danielle Sochan of the Citizens Information Centre sought an adjournment of the hearing, as the complainant now lives in Spain. The application was refused. The complainant did not attend the hearing on January 12th. On behalf of the respondent, the former owner of the business attended, and he said that he has transferred the business to someone else and he is no longer involved. |
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.
I find that the complainant’s failure to attend the hearing scheduled for January 12th 2018 was unreasonable in the circumstances and any obligation under section 41 of the Workplace Relations Act and section 79 Employment Equality Acts has ceased. As no evidence was given at the hearing in support of the complaints, I conclude the investigation and find against the complainant. |
Dated: 1st May 2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Non-attendance of the complainant |