ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048403
Parties:
| Complainant | Respondent |
Parties | A worker | A Company |
| Complainant | Respondent |
Parties | A worker | A Company |
Representatives | No Show | Adrian Norton IBEC |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00059423-001 | 16/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00059423-002 | 16/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00059423-003 | 16/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00059423-004 | 16/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 | CA-00059423-005 | 16/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00059423-006 | 16/10/2023 |
Date of Adjudication Hearing: 04/10/2024
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, Section 8 of the Unfair Dismissals Act, 1977 and Section 79 of the Employment Equality Acts, 1998 - 2015, and following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Claimant alleges that he was constructively dismissed, and that the Respondent failed to provide him with contracts of employment, or to notify him of changes to his employment. He also alleges that he was treated less favourably than comparable full-time employees and was discriminated against by reason of a disability by his terms and conditions of employment and by not promoting him. The Respondent refutes these claims in their entirety and submits that they complied in full with all of the relevant legislation. |
Summary of Complainant’s Case:
The Complainant failed to attend at the hearing. After the hearing the Complainant emailed the following explanation for not attending: I had this in my calendar as 14/10/2024 (Monday next) instead of 04/10/2024 (Friday last). This is obviously completely my mistake and has caused a significant amount of both WRC and [Redacted] time to be wasted. Is the case now closed due to the failure to show up? |
Summary of Respondent’s Case:
The Respondent was in attendance and ready to rebut all allegations made against them. |
Findings and Conclusions:
The Complainant has failed to attend at the hearing and arising from this failure all complaints made against the Respondent are dismissed. The Complainant was on notice of the hearing and arising from his own error and omission failed to attend. In those circumstances the complaints made against the Respondent cannot be maintained. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
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-00059423-001 Unfair Dismissal: The Complainant was not unfairly dismissed. The Complainant has failed to attend at the hearing and arising from this failure the complaint made against the Respondent is dismissed. The Complainant was on notice of the hearing and arising from his own error and omission failed to attend. In those circumstances the complaint made against the Respondent cannot be maintained. CA-00059423-02 Terms of Employment (Information) Act, 1994. The complaint is not well founded. The Complainant has failed to attend at the hearing and arising from this failure the complaint made against the Respondent is dismissed. The Complainant was on notice of the hearing and arising from his own error and omission failed to attend. In those circumstances the complaint made against the Respondent cannot be maintained. CA-00059423-03 Terms of Employment (Information) Act, 1994. The complaint is not well founded. The Complainant has failed to attend at the hearing and arising from this failure the complaints made against the Respondent is dismissed. The Complainant was on notice of the hearing and arising from his own error and omission failed to attend. In those circumstances the complaint made against the Respondent cannot be maintained. CA-00059423-04 Terms of Employment (Information) Act, 1994. The complaint is not well founded. The Complainant has failed to attend at the hearing and arising from this failure the complaint made against the Respondent is dismissed. The Complainant was on notice of the hearing and arising from his own error and omission failed to attend. In those circumstances the complaint made against the Respondent cannot be maintained. CA-00059423-05 Protection of Employees (Part-Time Work) Act, 2001: The complaint is not well founded. The Complainant has failed to attend at the hearing and arising from this failure the complaint made against the Respondent is dismissed. The Complainant was on notice of the hearing and arising from his own error and omission failed to attend. In those circumstances the complaint made against the Respondent cannot be maintained. CA-00059423-006 Employment Equality Act, 1998: The Complainant was not discriminated against. The Complainant has failed to attend at the hearing and arising from this failure the complaint made against the Respondent is dismissed. The Complainant was on notice of the hearing and arising from his own error and omission failed to attend. In those circumstances the complaint made against the Respondent cannot be maintained. |
Dated: 23/10/2024
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show |