ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054458
Parties:
| Complainant | Respondent |
Parties | Derek Rigney | Ec Precision |
Representatives |
| Ruairi Guckian GHR Consulting |
Complaints:
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-00066340-001 | 27/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00066340-003 | 27/09/2024 |
Date of Adjudication Hearing: 26/05/2025
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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. Parties were advised in advance of the hearing that following the delivery of a judgement of the Supreme Court in Zalewski v Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24 that the hearing would be held in public, that an Adjudication Officer may take evidence under oath or affirmation and reminded that cross examination was permitted. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings. Where submissions were received, they were exchanged. Mr Ethan Crowe, Owner, attended for the respondent.
Background:
The complainant did not attend the hearing.
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Summary of Complainant’s Case: CA-00066340-001
The complainant did not attend the hearing. On his complaint form, the complainant submitted that he did not receive the appropriate payment in lieu of notice of termination of his employment. |
Summary of Respondent’s Case: CA-00066340-001
The respondent attended and denied the complaints. |
Findings and Conclusions: CA-00066340-001
A complaint was received by the Director General of the Workplace Relations Commission from the complainant on 27/09/2024 alleging contravention of the Act. The said complaint was referred to me for investigation. A hearing for that purpose was held on 26/05/2025 and there was no appearance by the complainant. I am satisfied that the said complainant was informed of the date, time and place at which the hearing to investigate the complaint would be held and did not attend.
In the circumstances, I do not find the complaint well founded and must dismiss the complaint. |
Summary of Complainant’s Case: CA-00066340-003
The complainant did not attend the hearing. On his complaint form, the complainant submitted that he was not notified in writing of a change to his terms of employment. |
Summary of Respondent’s Case: CA-00066340-003
The respondent attended and denied the complaints. |
Findings and Conclusions: CA-00066340-003
A complaint was received by the Director General of the Workplace Relations Commission from the complainant on 27/09/2024 alleging contravention of the Act. The said complaint was referred to me for investigation. A hearing for that purpose was held on 26/05/2025 and there was no appearance by the complainant. I am satisfied that the said complainant was informed of the date, time and place at which the hearing to investigate the complaint would be held and did not attend.
In the circumstances, I do not find the complaint well founded and must dismiss the complaint.
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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.
CA-00066340-001 I do not find the complaint well founded and must dismiss the complaint CA-00066340-003 I do not find the complaint well founded and must dismiss the complaint |
Dated:
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Complainant did not attend |