ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053827
Parties:
| Complainant | Respondent |
Parties | Anatolie Popov | Alandale Logistics (Ireland) Limited |
Representatives | No Appearance | Sylvia Opara |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00065652-001 | 28/08/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00065652-002 | 28/08/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00065652-003 | 28/08/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00065652-004 | 28/08/2024 |
Date of Adjudication Hearing: 18/03/2025
Workplace Relations Commission Adjudication Officer: Michael MacNamee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and Section 79 of the Employment Equality Acts, 1998 - 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 made the above claims by way of Workplace Relations Commission (“WRC”) Complaint form which was received by the WRC on the 28th of August 2024. |
Summary of Complainant’s Case:
There was no appearance by or on behalf of the Complainant |
Summary of Respondent’s Case:
The Respondent’s representative was present at the adjudication hearing and was ready to proceed. |
Findings and Conclusions:
The above claims were listed for hearing before me on the 18th of March 2025 at the offices of the WRC at Lansdowne House in Dublin. There was no appearance by or on behalf of the Complainant. The Respondent’s representative was present and ready to proceed. Being satisfied that the Complainant had been notified of the date, time and venue for the adjudication hearing I proceeded in the absence of the Complainant. The Complainant was not in attendance to present his case and accordingly the Respondent has no case to answer. The claims fail. |
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.
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.
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-00065652-001 The Complainant’s Appeal pursuant to the Redundancy Payments Acts 1967 - 2014 is not upheld CA-00065652-002 The Respondent did not discriminate against the Complainant pursuant to the Employment Equality Act 1998 (as amended) CA-00065652-003 and CA-00065652-004 - The Claims pursuant to the Organisation of Working Time Act, 1997 are not upheld
|
Dated: 8th April 2025.
Workplace Relations Commission Adjudication Officer: Michael MacNamee
Key Words:
Non appearance |