ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045090
Parties:
| Complainant | Respondent |
Parties | David Sweeney | Mark Headd Construction |
Representatives | Not present | Mark Headd |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00055807-001 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 23 of the Industrial Relations (Amendment) Act, 2015 | CA-00055807-002 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00055807-003 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012 | CA-00055807-004 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00055807-005 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00055807-006 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00055807-007 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00055807-008 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00055807-009 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00055807-010 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00055807-011 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00055807-012 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00055807-013 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 23 of the Industrial Relations (Amendment) Act, 2015 | CA-00055807-014 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00055807-015 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00055807-016 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00055807-019 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00055807-020 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11A of the Protection of Employment Act 1977 | CA-00055807-021 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00055807-022 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00055807-023 | 26/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00055807-024 | 26/03/2023 |
Date of Adjudication Hearing: 26/09/2023
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and Section 8 of the Unfair Dismissals Acts, 1977 - 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 Complainant was employed as a Bricklayer from August 12th 2019 to February 17th 2023. The Complainant submitted 22 complaints for investigation. The Complainant or his Representative did not attend the Hearing to offer any evidence or details to support any of the complaints. |
Summary of Complainant’s Case:
A Complaint was received by the Director General of the Workplace Relations Commission by the Complainant on March 23rd 2023 alleging that his former employer contravened the provisions of Employment and Industrial Relations related Acts on twenty two occasions in relation to him. The said complaints and disputes were referred to me for investigation. A Hearing for that purpose was held on September 26th 2023. There was no appearance by or on behalf of the Complainant at the Hearing. I am satisfied that the said Complainant was informed in writing of the date, time and place at which the Hearing to investigate the complaint would be held and were not present at the Hearing. |
Summary of Respondent’s Case:
The Respondent attend the Hearing and advised that as the complaint form submitted by the Complainant contained no details of any of the complaints he was not in a position to give any comment on any of the complaints. |
Findings and Conclusions:
As the Complainant was not present to provide any evidence or details of his complaints I find in favour of the Respondent on all complaints. |
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. I declare that the following complaints are not well founded; CA-00055807-001 CA-00055807-002 CA-00055807-003 CA-00055807-004 CA-00055807-005 CA-00055807-006 CA-00055807-007 CA-00055807-008 CA-00055807-009 CA-00055807-010 CA-00055807-011 CA-00055807-012 CA-00055807-013 CA-00055807-014 CA-00055807-015 CA-00055807-020 CA-00055807-021 CA-00055807-022 CA-00055807-023 CA-00055807-024 Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act. I disallow the Complainants appeal. (CA-00055807-019) Section 8 of the Unfair Dismissals Acts, 1977 – 2015 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 1977 Act. I find the Complainant was not unfairly dismissed. (CA-00055807-016)
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Dated: 11th October 2023.
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Unfair Dismissal |