ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023676
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A Food Outlet |
Representatives |
|
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00030008-001 | 31/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00030008-002 | 31/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00030008-003 | 31/07/2019 |
Date of Adjudication Hearing: 04/02/2020
Workplace Relations Commission Adjudication Officer: Anne McElduff
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2017,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:
A complaint form was submitted to the WRC by the Complainant on the 31st July, 2019. The complaints were in respect of hours of work and annual leave entitlement pursuant to Section 27 of the Organisation of Working Time Act [1997-2017], an alleged breach of the Terms of Employment (Information) Acts [1994-2019] and constructive dismissal pursuant to the Unfair Dismissals Act [1977-2017]. Neither the Complainant nor the Respondent attended the adjudication hearing which was scheduled for the 4th February, 2020. |
Summary of Complainant’s Case:
Not Applicable in the circumstances. |
Summary of Respondent’s Case:
Not Applicable in the circumstances. |
Findings and Conclusions:
A complaint form was received by the Director General of the Workplace Relations Commission from the Complainant on the 31st July, 2019. The complaint form contained three complaints in respect of hours of work and annual leave entitlement, provision of a statement of terms of employment and constructive dismissal. The said complaints were referred to me for investigation. An adjudication hearing for that purpose was convened for the 4th February, 2020. There was no appearance by or on behalf of the Complainant at the hearing. Having checked the file and checked with the WRC office, I am satisfied that the said Complainant was informed in writing of the date, time and place at which the hearing to investigate the complaints would be held. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaints are not well-founded and I decide accordingly. |
Decision:
CA-00030008-001
Section 41 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. For the reasons outlined, I decide this complaint is not well founded.
CA-00030008-002
Section 41 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. For the reasons outlined, I decide this complaint is not well founded.
CA-00030008-003
Section 8 of the Unfair Dismissals Acts [1977 – 2017] requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the Act. For the reasons outlined, I decide this complaint is not well founded.
Dated: 4th February 2022
Workplace Relations Commission Adjudication Officer: Anne McElduff
Key Words:
A Worker V A Food Outlet |