ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051122
Parties:
| Complainant | Respondent |
Parties | Muhammad Nadeem Hashmi | Real Spice |
Representatives | No show | Rizwan Youssaf Manager |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00062627-004 | 06/04/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00062627-005 | 06/04/2024 |
Date of Adjudication Hearing: 1/07/2024 & 11/04/2025
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015,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:
At the first day of hearing, it became clear that in the absence of pay records the case could not be properly heard.
The Respondent was asked to produce records as follows: At the hearing you were requested to produce all payslips concerning the employment of the Complainant. In addition, please produce attendance records detailing hours worked. This information should be provided by the 30th of November 2024. The Respondent produced the records and the hearing reconvened. |
Summary of Complainant’s Case:
The Complainant failed to attend at the hearing. |
Summary of Respondent’s Case:
The Respondent produced records as requested and rebuts the allegations made against them. |
Findings and Conclusions:
The Complainant in his forms detailed the following as disputes: i regularly demanded my pay and payslips i go to my job and they said no need to do the work we will arrange another job for you as we do not have a job here for you and one more employee named Mr Sohail as they do not earn too much profit from business thats why they did not afford any much employment from you i have been discriminate by age group and dismiss only me and one more employee specifically not the other employees which is older and have much time spent in resturant. they said do not need to come to office anymore without any prior notice verbally or in written As the Complainant failed to attend and was notified of the place, time and date of the hearing and the Respondent did attend and was ready to rebut the claims being made against them, I must dismiss the claims for failure to attend. |
Decision:
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.
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.
The Complainant failed to attend the hearing. I determine that: CA-00062627-005 Minimum Notice & Terms of Employment Act, 1973 is not well founded and CA-00062627-004 he was not discriminated against on the ground of age. The complaints are dismissed for failure to attend. |
Dated: 25/04/25
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show |