ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054302
Parties:
| Complainant | Respondent |
Parties | Ajay Seeba | SCF Limited Cleaning Services Dublin |
| Complainant | Respondent |
Representatives | Non - Appearance | Ms Roberta Urbon of Peninsula Business Services Ireland |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00066203-001 | 24/09/2024 |
Date of Adjudication Hearing: 28/03/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 45A of the Industrial Relations Act, 1946following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury were explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered but not deemed necessary.
1: Non-Appearance of Complainant
The Complainant did not attend the Adjudication Hearing, despite being notified of the date, time and palce and no bona fide explanation was received in the following two -week period.
Accordingly, the Complaint was deemed legally Not Properly Founded and was deemed to have failed.
2: Respondent Arguments
The Respondent, in view of the non-appearance of the Complainant, applied to have the complaint struck out.
3: Findings and Conclusions:
The complaint was deemed Not Properly Founded due to the non-attendance, at the Hearing, with no mitigating explanation, of the Complainant. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 45A of the Industrial Relations Act, 1946 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.
CA-00066203-001
The complaint is deemed legally not Properly Founded.
It fails.
Dated: 15/04/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Section 45 A of Industrial Relations Act,1946 |